In The High Court At Calcutta Civil Appellate Jurisdiction Appellate Side Present:- The Hon’ble Justice Ananya Bandyopadhyay FMA 94 of 2025 United India Insurance Co. Ltd. v. Nilima Ghara & Ors. With COT 151 of 2024 Nilima Ghara & Ors. v. United India Insurance Co. Ltd. & Anr. Mr. Sanjay Paul Mr. Jaita Ghosh … for the appellant/insurance company. Mr. Ashique Mondal … for the respondents/claimants. Heard on: March 13, 2025. Judgment on: March 13, 2025. Ananya Bandyopadhyay, J:- 1. The Learned Advocates representing the respective parties are present. 2. The instant appeal had been preferred against the impugned judgment and award dated 18th March, 2024 passed by the learned Judge, Motor Accident Claims Tribunal, Judge, 12th Bench, City Civil Court, Calcutta in MAC Case No.185 of 2019. 3. An application under Section 166 of the Motor Vehicles Act had been filed by the respondents/claimants on account of the death of the victim in an accident, which took place on 17th January, 2019 at about 13.30 hours near Sultan Nagar Bus Stand under Daspur Police Station West Medinipore with the involvement of an offending vehicle being a truck (Eicher) bearing registration No.WB-29-8128, which collided with a motorcycle bearing registration No.WB- 50P/6134 wherein the victim was the pillion rider in a rashly and negligent manner at an exceeding speed resulting in the death of the victim. 4. The Learned Advocate representing the appellant/insurance company submitted that the learned Tribunal in absence of the documentary and corroborative oral evidence assessed the monthly income of the victim to be Rs.9,500/- on the claim same being occurred without proper evidence. Moreover, the interest had been granted at the rate of 8% per annum instead of 6% per annum from the date of filing of the application under Section 166 of the Motor Vehicles Act till the date of its actual realization. Since the number of respondents/claimants had been 3, the personal deduction should have been 1/3 instead of ¼ as erroneously assessed by the learned Tribunal. 2 5. The learned advocate representing the respondent Nos. 1 to 3/claimants submits to have been filed a Cross-objection being COT 151 of 2024 claiming an enhancement in the monthly income of the victim, who according to the same, had been a highly skilled carpenter earning Rs.9,800/- per month that he did not dispute the deduction towards personal expenses as well as the rate of interest. 6. Since the occurrence of the accident, the driving license, the Insurance policy, the route permit etc. and other ancillary issues have not been disputed by the learned advocate representing the respondent No.1/insurance company, this Court restricts itself only to the extent as agitated by the Learned Advocate representing the appellant/insurance company. The wife of the victim being PW 1 stated in her cross-examination-in-chief as well as the cross- examination that the victim had been a carpenter, however, her evidence was not corroborated through any other witnesses. None- the-less, since the evidence of PW1 could not have been controverted by the appellant/insurance company, the avocation of the victim to be a carpenter is sustaining, since the carpenter is considered to be a skilled labourer in accordance with the notification No. 458- MW/2W-17-2009 dated 23.09.2011 the monthly income of the victim can be considered to be Rs.8,766/- 3 7. Considering the observations of the Hon’ble Apex Court in National insurance company Ltd. Vs. Pranay Shetty & Anr1 and Sarala Verma & Ors. Vs. Delhi Transport Corporation & Anr.2 The impugned award of Rs. 14,03,622/- is modified as follows: Monthly Income Annual Income (Rs. 8766 x 12) Personal Expenses (1/3) Future Prospect to be added( 10%) Multiplier to be “13” General Damages Entitlement Rs. 8766/- Rs. 1,05,192/- Rs. 35,064/- Rs. 70,128/- Rs. 70,128/- Rs. 7,012/- ________________ Rs. 77,140/- X 13 Rs. 10,02,820/- Rs. 84,000/- Rs. 10,86,820/- 8. The learned Advocate representing the appellant/Insurance Company submits to have deposited a sum of Rs.17,77,224/- (Rs. 25,000/- + Rs. 17,52,224/-)through two separate cheques as per challan filed by the learned advocate representing the appellant/insurance company. 9. The Respondent Nos. 1 to 3/claimants are entitled to receive the amount of Rs. 10,86,820/- at the rate of 6% per cent per annum from the date of filing of the claim application till the date of actual realization. 10. The office of the learned Registrar General High Court at Calcutta, shall encash the cheques and thereafter disburse the entire awarded amount so deposited along with accrued interest to the present respondent Nos. 1 to 3/claimants in equal proportion as mentioned in the impugned judgment dated learned Judge, Motor Accident Claims Tribunal, Judge, 12th 1 1 2017(4)TAC 673(S.C) 2 (2009) 6 SC 121 4 Bench, City Civil Court, Calcutta in MAC Case No.185 of 2019 on proof of proper identification of the respondent No.1 to 3/claimants subject to payment of ad valorem Court fees and refund the balance amount through a cheque to the Learned Advocate for the Appellant/Insurance Company for the accounts of the insurance company. 11. The interest generated on the sum of money deposited by the appellant/insurance company at the office of the learned Registrar General, High Court at Calcutta which was further deposited in the nationalized bank by the office of the learned Registrar General, High Court at Calcutta is to be apportioned and the sum of interest accrued on the aforesaid amount is to be disbursed in favour of the respondent/claimant. 12. The instant appeal and COT applications are disposed of. 13.The TCR be sent down to the concerned Tribunal forthwith. 14.Copy of the order be sent to the Department as well as the concerned tribunal as expeditiously as possible. (Ananya Bandyopadhyay, J.) S.R. 5