Ct. No.237 v. Smt. Shreosi Paul nee Das & Ors.

Apex Court in Sarala Verma (Smt.) & Ors. v. Delhi Transport Corporation & Anr. reported in (2009) 6 SCC

121. Therefore, it is needless to mention that the claimants are entitled to future prospect to the extent of 15% of the income. With regard to the payment of premium concerned, I find that at the time of examination of DW-1 on behalf of the Insurance Company, the dishonoured 4 cheque along with notices were admitted in evidence as Exhibit-A to G/1. From the entire evidence of DW-1 together, I do not find any reason to come to a conclusion that after dishonoured of the cheque, the Insurance Company served notice upon the owner of the offending vehicle. It also appears from the record that the owner of the offending vehicle did not appear before the learned Tribunal in spite of notices and also in the appeal. Learned advocate appearing on behalf of the National Insurance Company Limited in the appeal, being FMA 191 of 2012, has submitted that the owner never paid premium by any other mode except the cheque which was dishonoured. From the records, it also appears that the Insurance Company could not serve notice upon the owner after dishonoured of the cheque and also could not file any criminal case under Section 138 of the Negotiable Instruments Act to that effect. Be that as it may, it cannot be the reason for disregarded the prayer for recovery of the amount from the owner after payment of compensation to the claimants. Thus, the National Insurance Company Limited is at liberty to recover the total awarded amount from the owner of the vehicle. Considering the aforesaid facts and circumstances, I find it justified to modify the award as follows:- 5 Monthly Income Less: Professional Tax Rs. 9,970/- Rs. 110/- ----------------- Rs. 9,860/- Annual Income (Rs.9,860/- x 12) Rs. 1,18,320/- Less: 1/3rd Deduction Add: Future prospect 15% Multiplier 11 (as per age 50 to 55 years) Add: General Damages Total Rs. 39,440/- ------------------ Rs. 78,880/- Rs. 11,832/- ------------------ Rs. 90,712/- X 11 ------------------ Rs. 9,97,832/- Rs. 70,000/- ------------------ Rs.10,67,832/- ----------------- It is reported that the National Insurance Company Limited only deposited the statutory amount of Rs.25,000/- at the time of filing of the appeal before the office of the learned Registrar General of this Court. In the aforesaid view of the matter, the claimants are entitled to compensation of Rs.10,67,832/- along with interest @ 6% per annum from the date of filing of the claim petition, i.e., on 10th August, 2004 till the deposit of the same. Accordingly, the National Insurance Company Limited is directed to deposit the awarded amount of Rs.10,67,832/- along with interest @ 6% per annum from the date of filing of the claim petition, i.e. on 10th August, 2004 till the actual deposit of the amount before the office 6 of the learned Registrar General of this Court, within six weeks from the date of this order. The National Insurance Company Limited is at liberty to recover the entire awarded sum with interest from the owner of the vehicle, bearing registration no.WB- 02/N-2381, through execution proceeding in terms of the observations of the Hon’ble Apex Court in Shamanna & Ors. v. The Divisional Manager, The Oriental Insurance Co. Ltd. & Ors. reported in AIR 2018 SC 3726 and Oriental Insurance Co. Ltd. v. Nanjappan & Ors. AIR 2004 SC 1630 : (2004) 13 SCC 244. The National Insurance Company Limited is also at liberty to withdraw the statutory deposit of Rs.25,000/- along with accrued interest thereat from the office of the learned Registrar General. The claimants will be entitled to withdraw the entire amount with interest. The learned Registrar General is requested to disburse the amount to the claimants in equal share on proper identification. With the observation, both the appeals, being FMA 191 of 2012 and FMA 1127 of 2012, stand disposed of. All pending applications, if there be any, stand disposed of. 7 Records of the learned Tribunal along with a copy of this order be transmitted back immediately. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities. (Bibhas Ranjan De, J.)