Form No. J(2) IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present: The Hon’ble Justice Ananya Bandyopadhyay FMAT(MV) 630 of 2023 National Insurance Company Limited Versus Sumita Kar & Ors. For the Appellant : Mr. Rajesh Singh. For the Respondent Nos. 1 to 3 : Mr. Jayanta Kumar Mondal Mr. Sayantan Rakshit Heard & Judgment on : 25th February, 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 31st May, 2023 passed by the Learned Judge, Motor Accident Claims Tribunal cum Additional District Judge, 2nd Court at Contai in M.A.C. Case No. 5 of 2022. 3. An application under Section 166 of the Motor Vehicles Act had been filed by the claimants due to death of the victim aged about 59 years in an accident which occurred on 13th December, 2021 at 2 about 18.30 hours with the involvement of the offending vehicle being a bus bearing registration no. WB 31A 1196 which being driven by the driver at an exceeding speed lost control and fell onto a road side being over turned, injuring the victim and other two passengers in the said bus who eventually died. 4. The Learned Advocate representing the appellant/Insurance Company submitted that the Learned Tribunal erroneously considered the last monthly income of the victim contrary to the income mentioned in the last income tax returned. 5. The learned Advocate representing the respondent Nos. 1 to 3/claimants did not dispute the same. 6. 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 to the extent of deducing the monthly income of the victim as per Form 16 marked as Ext. 14. The evidence of P.W.2 stated the victim had a Group-D sub staff of the bank his avocation of monthly income has been rightly proved. 7. Considering the observations of the Hon’ble Apex Court Pranay in National insurance company Ltd. Vs. Pranay Shetty & Anr1 and 1 2017(4)TAC 673(S.C) 3 Sarala Verma & Ors. Vs. Delhi Transport Corporation & Anr.2 The impugned award of Rs. 48,89,480/- is modified as follows: Annual Income Less professional tax Future prospect (15%) 1/3rd Personal Expenses Multiplier to be “9” Non pecuniary damages Rs. 5,43,293 Rs. 2400 Rs. 5,40,893/- Rs. 81,134/- Rs. 6,22,027/- Rs. 2,07,342/- Rs. 4,14,685/- X 9 Rs. 37,32,165/- Rs. 84,000/- Rs. 38,16,165/- 8. The learned Advocate representing the appellant/Insurance Company submits to have deposited a sum of Rs.54,88,584/- (Rs. 25,000/- + Rs. 54,63,384)through two separate cheques as per challan filed by the learned advocate representing the appellant/insurance company. 9. 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 3/claimants in proportion as mentioned in the impugned judgment Learned Judge, Motor Accident Claims Tribunal cum Additional District Judge, 2nd Court at Contai in M.A.C. Case No. 5 of 2022 on 2 (2009) 6 SC 121 4 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. 10. 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 already been 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 appellant/insurance company for the accounts of the insurance company. 11. The instant appeal is disposed of accordingly. 12. The pending applications, if any, stands disposed of. 13. Copy of the order be sent to the Department as well as the concerned tribunal as expeditiously as possible. (Ananya Bandyopadhyay, J.)