Form No. J(2) IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present: The Hon’ble Justice Ananya Bandyopadhyay IA No.:CAN/1/2024 in FMA 168 of 2025 United India Insurance Company Limited Versus Sharmila Sarkar Halder & Ors. For the Appellant : Mr. Sanjay Paul, Ms. Jaita Ghosh. For the Respondents : Ms. Sima Ghosh, Ms. Supriya Mistri. Heard & Judgment on : 2nd April, 2025. Ananya Bandyopadhyay, J: 1. Both the Learned Advocates representing the appellant/Insurance Company and the respondents/claimants are present. 2. The instant appeal had been filed against the judgment and award dated 15.07.2024 passed by the Learned Additional District & Sessions Judge-cum-Judge Special Court (E.C. Act), Motor Accident Claims Tribunal, Berhampore, Murshidabad in M.A.C. Case No. 482of 2019. 2 3. An application under Section 166 of the Motor Vehicles Act had been filed due to the death of the victim in an accident which took place on 13.09.2019 at Berhampore Tentultala (N.H.- 34) with the involvement of the offending vehicle being a ‘LPG Tanker’ bearing registration no. WB-AS01JC/6234 which proceeded at an exceeding speed rashly and negligently and collided with the victim’s motorcycle from behind whereby the victim sustained injuries and was declared dead by the attending Doctor at Murshidabad Medical College and Hospital at Berhampore on his transmission thereat. 4. The Learned Advocate representing the appellant/Insurance Company submitted that the Learned Tribunal had erroneously granted parental consortium to the extent of Rs.88,000/- and the father of the victim was not dependent upon him and was not entitled to the compensation in absence of any evidence. 5. The learned Advocate representing the respondents/claimants submitted that proper evidence could not be adduced as to whether the father of the victim was solely dependent on the income of the victim. 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 3 extent of rectifying the amount of loss of parental consortium granted in excess to the parents. 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. 59,23,940/- is modified as follows: Monthly Income Annual Income Add : 50% Future Prosect Total Income Less : 1/3rd Personal Expenses Multiplier to be “16” Add : General Damages Rs. 26,865/- X 12 Rs. 3,22,380/- Rs. 1,61,190/- ------------------ Rs. 4,83,570/- Rs. 1,61,190/- Rs. 3,22,380/- X 16 Rs. 57,58,080/- Rs. 84,000/- Rs. 52,42,080/- 8. The learned Advocate representing the appellant/Insurance Company submits to have deposited a sum of Rs.73,72,952/- as per challan filed by the learned advocate representing the appellant/insurance company. 9. The Respondents/claimants are entitled to receive the amount of Rs. 52,42,080/- together with interest at the rate of 6% per cent 1 2017(4)TAC 673(S.C) 2 (2009) 6 SC 121 4 per annum from the date of filing of the claim application, i.e. 07.12.2019 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 to the present respondents/claimants in equal proportion as mentioned in the impugned judgment of the Learned Additional District & Sessions Judge-cum- Judge Special Court (E.C. Act), Motor Accident Claims Tribunal, Berhampore, Murshidabad in M.A.C. Case No. 482 of 2019 on proof of proper identification of the respondents/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 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. 12. The instant appeal is disposed of accordingly. 5 13. The pending applications, if any, stands disposed of. 14. Copy of the order be sent to the Department as well as the concerned tribunal as expeditiously as possible. (Ananya Bandyopadhyay, J.) Srimanta, A.R.(Ct.)