Form No. J(2) IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present: The Hon’ble Justice Ananya Bandyopadhyay FMA 58 of 2023 New India Assurance Company Limited Versus Shibani Khan & Ors. For the Appellant : Mr. Sanjay Paul. For the Respondent Nos. 1 to 5 : Mr. Jayanta Kumar Mondal Mr. Sayantan Rakshit. Heard & Judgment on : 16th April, 2025. Ananya Bandyopadhyay, J: 1. Both the Learned Advocates representing the appellant/Insurance Company and the respondent Nos. 1 to 3/claimants are present. 2. The instant appeal had been filed against the judgment and award dated 11th May, 2022 passed by the Learned Judge, Motor Accident Claims Tribunal cum Additional District Judge & Sessions Judge, 4th Court, Paschim Medinipur in M.A.C. Case No. 189 of 2018. 2 3. An application under Section 166 of the Motor Vehicles Act had been filed by the claimants on account of the death of the victim in an accident which occurred on 10.06.2014 at about 1.30 p.m. with the involvement of the offending vehicle being a truck bearing registration No. WB-33C-0146 which hit the victim from behind being driven at an exceeding speed rashly and negligently resulting in the death of the victim at Kharagpur S.D. Hospital. 4. The Learned Advocate representing the appellant/Insurance Company submitted the learned Tribunal in absence of oral and documentary evidence had considered the monthly income of the victim to be Rs. 12,000/- being improbable since the victim claimed to have been working as a ‘mason’. More-over, the parental consortium was granted contrary to the principles laid down by the Hon’ble Supreme Court. 5. The learned Advocate representing the respondent Nos. 1 to 5/claimants opposed the submission of the Learned Advocate representing the appellant/insurance company, stating that the Learned Tribunal taking into consideration of the facts and circumstances of the case as well as the evidence on record had rightly assessed the compensation considering the monthly income of the victim to be Rs. 12,000/- per month. 6. Considered the submissions of the learned Advocates representing both the parties. 3 7. Since, the occurrence of the accident, involvement of the offending vehicle, the driving license, Insurance certificate etc. are not disputed by the learned advocate representing the appellant/insurance company, this Court restricts itself only issues raised by the Learned Advocate representing the appellant/insurance company. The accident has occurred in the year 2014 and in absence of corroborative oral evidence the monthly income of Rs. 12,000/- appears to be exorbitant which is reduced to Rs. 6000/- per month which is probable. The general damages including the parental consortium granted to the extent of Rs. 1,20,000/- is required to be modified. 8. The impugned judgment and award is accordingly modified to the following extent: Monthly Income Annual Income(Rs. 6000 x 12) Future prospect (40%) Less 1/4th Personal Expenses Multiplier to be “16” General damages Rs. 6000/- Rs. 72,000/- Rs. 28,800/- ------------------ Rs. 1,00,800/- Rs. 25,200- Rs. 75,600/- X 16 Rs. 12,09,600/- Rs. 84,000/- Rs. 12,93,600/- 9. The learned Advocate representing the appellant/Insurance Company submits to have deposited a sum of Rs. 27,92,152/- 4 =(Rs. 25,000 + 27,67,152) through two separate cheques as per challan filed by the learned advocate representing the appellant/insurance company. 10. The Respondent Nos. 1 to 5/claimants are entitled to receive the amount of Rs. 12,93,600/- at the rate of 6% per cent per annum from the date of filing of the claim application i.e. 18.02.2019 till the date of actual realization. 11. The office of the learned Registrar General High Court at Calcutta, shall encash the cheques and thereafter disburse the entire awarded amount so deposited to the present respondent Nos. 1 to 5/claimants in equal proportion as mentioned in the impugned judgment the Learned Judge, Motor Accident Claims Tribunal cum Additional District Judge & Sessions Judge 4th Court, Paschim Medinipur in M.A.C. Case No. 189 of 2018 on proof of proper identification of the respondent No.1 to 5/claimants subject to payment of ad valorem Court fees and refund the balance amount, if any, through a cheque to the Learned Advocate for the Appellant/Insurance Company for the accounts of the insurance company. 12. 12. 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 has been further deposited in the Nationalized Bank by the office of the learned 5 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 appellant/insurance company through a cheque to be deposited at the office of the appellant/insurance company. 13. The instant appeal is disposed of accordingly. 14. The pending applications, if any, stands disposed of. 15. The interim order, if any, stand vacated. 16. The TCR be sent down to the concerned Tribunal forthwith. 17. Copy of the order be sent to the Department as well as the concerned tribunal as expeditiously as possible. (Ananya Bandyopadhyay, J.) c.m. Ar. Ct.