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2025 Supreme(Cal) 551
IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH AT JALPAIGURI
Partha Sarathi Sen, J.
Smt. Madhabi Das – Petitioner
Versus
Oriental Insurance Company Ltd. & Anr. – Respondents
FMA 45 of 2024
Decided On : 14-08-2025
For the Appellant : Mr. Gobinda Saha, Mr. Tamal Kr. Sen, Ms. Priyanka Dey, Mr. Milan Ch. Laskar
For the Respondent: Mr. Rashin Chakraborty
The assessment of notional income for compensation considers the claimant's inability to provide proof, demanding equitable judgment based on established precedents in the context of parental loss.
Headnote:(A) Motor Vehicles Act, 1988 - Section 166 - Compensation for accidental death - Tribunal awarded Rs. 7,86,000/-; however, appellant claimed it was insufficient based on the deceased's alleged income of Rs. 5,000/- per month - Court relied on precedents to increase notional income to Rs. 6,000/- per month and added Rs. 40,000/- for filial consortium based on the statutory recognition of parental loss - Modified award totaled Rs. 9,77,200/-, carrying 6% interest from the claim application date. (Paras 2, 10, 20, 21, 24, 25, 28)
(B) Appeals - The appellate court modifies compensation based on substantial evidence and legal principles recognized in prior judgments regarding loss of consortium and income assessment. (Paras 20, 22, 28)
Facts of the case:
The appeal arose from a compensation award under the Motor Vehicles Act to the mother of the deceased, who allegedly had a seasonal business but was assessed a low monthly income by the Tribunal.
Findings of Court:
The monthly income was increased, and additional damages for filial consortium were granted, leading to a revised compensation amount.
Issues: Assessment of notional income and inclusion of filial consortium in compensation calculations.
Ratio Decidendi: The court concluded the assessment of notional income should account for the claimant's inability to produce documentary evidence, supporting the need for fair compensation under the Act, alongside recognizing the emotional loss of parents.
Result: Appeal allowed, compensation modified.
| Table of Content |
|---|
| 1. challenged decision on compensation awarded. (Para 1 , 2 , 3) |
| 2. arguments regarding notional income & consortium. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court's review of precedent cases. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. calculation of final compensation. (Para 24 , 25 , 26 , 27) |
| 5. disposal order and directives. (Para 28 , 29 , 30 , 31 , 32 , 33) |
JUDGMENT :
Partha Sarathi Sen, J.
1. In the instant appeal the judgment dated 02.07.2024 as passed in MAC Case no. 214 of 2019 as passed by the learned Judge, MAC Tribunal, FTC-2nd, Jalpaiguri (hereinafter referred to as the 'said Tribunal' in short) is assailed.
2. By the impugned judgment the said Tribunal in an application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'said Act' in short) passed an award for Rs. 7,86,000/- together with interest at the rate of 6% per annum with effect from 02.07.2019 as compensation in favour of the claimant which was directed to be paid within 70 days from the date of passing of the award failing which it was further directed that the said awarded amount would carry interest at the rate 9% per annum from the date of passing of the award till realization.
3. The claimant who is the mother of the deceased felt aggrieved and thus preferred the instant appeal.
4. In course of his argument Mr. Saha, learned Advocate appearing on behalf of the claimant/appellant at the very outset draws attention of this Court to the impugned judgment as available in the informal paper book as filed today which has been taken on record.
5. Attention of this Court is drawn to internal page no. 10 of the impugned judgment. It is submitted by Mr. Saha that before the said Tribunal though it is the specific case of the claimant that the deceased during his lifetime used to do seasonal business, however, the said Tribunal most surprisingly assessed the notional monthly income of the deceased to the tune of Rs. 5,000/- per month which is exceptionally low.
6. In course of his argument Mr. Saha places his reliance upon the reported decision of Syed Sadiq & Ors. vs. Divisional Manager, United India Insurance Company Ltd. reported in (2014) 2 SCC 735 and an unreported decision of Hon'ble Supreme Court dated 01.12.2022 as passed in Civil Appeal No. 8960 of 2017 in the case of Muhammed @ Kunjumuhammed vs. United India Insurance Co. Ltd
7. Drawing attention to the reported decision of Muhammed @ Kunjumuhammed (supra) it is submitted by Mr. Saha that in the said reported decision the Hon'ble Supreme Court had accepted the notional income of a homemaker to the tune of Rs. 6,000/- per month. It is thus submitted by Mr. Saha that in view of the specific case of the claimant that the deceased was aged about 25 years used to carrying on seasonal business, the fixation of notional income to the tune of Rs. 5,000/- per month is exceptionally low and such finding is unreasoned.
8. Placing his reliance upon the reported decision of Syed Sadiq (supra) it is submitted by Mr. Saha that in the said reported decision the Hon'ble Apex Court while considering an appeal under the said Act came to a finding that in the event a person died on account of accident who used to do vegetable vending work, in order to assess his notional monthly income some guess work is to be done in absence of any supporting material considering the fact that it is difficult from the claimant to collect documentary evidence to substantiate the actual income of the deceased.
9. It is thus submitted by Mr. Saha that the notional income of the deceased may be considered to the tune of Rs. 6,000/- per month instead of Rs. 5,000/- per month as wrongly assessed by the said Tribunal.
10. At this juncture, Mr. Saha again draws attention of this Court to internal page no. 11 of the impugned judgment regarding the calculation made by said Tribunal under the heading “general damages”. It is submitted by Mr. Saha that most surprisingly the said Tribunal h
