Tajrin Akhtar @ Tajrin Akter & Ors. v. The National Insurance Co. Ltd.

Civil Appeal No.11042 of 2018 (Arising out of S.L.P (C) No.17321 of 2016) iii) Laxmikanta Maity Vs. New India Assurance Company Ltd. and Anr. (FMA 463 of 2013), (High Court at Calcutta).

#9. Learned Advocate appearing for the Respondent No. 1 National Insurance Company Ltd. submits that the dependents of the victim were married son and two married daughters and husband. Learned advocate submits that the decision of the Hon’ble Supreme Court in the case of Kriti & Anr. Etc. (supra) is not applicable to the said case.

#10. Learned advocate further submits that the decision of this Hon’ble Court in case of Laxmikanta Maity (supra) is not applicable to the facts of the case and that the said case was with regard to injury. 5 With regard to the first submission of the appellant regarding deduction of personal expenses, considering the fact that one of the daughters is a married daughter, this Court is of the view that the learned Trial Judge did not commit any error in proceeding with the personal expenses of the victim as one-third and not as one-fourth.

#11. With regard the submission expenditure incurred with regard treatment is Rs. 4,50,000/- although the bills which were filed before the learned Trial Court were not exhibited, but reasonable compensation should be granted on account of medical expenses.

#12. In this regard, it is necessary to consider the decision of the Hon’ble Supreme Court in the case of Vimla Devi and Ors. In the case of Vimla Devi and Ors. the Hon’ble Supreme Court observed as follows: “16. At the outset, we may reiterate as has been consistently said by this Court in a series of cases that the Act is a beneficial piece of legislation enacted to give solace to the victims of the motor accident who suffer bodily injury or die untimely. The Act is designed in a manner, which relieves the victims from ensuring strict compliance provided in law, which are otherwise applicable to 6 the suits and other proceedings while prosecuting the claim petition filed under the Act for claiming compensation for the loss sustained by them in the accident.”

#13. In the case of Laxmikanta Maity (supra), where a learned Coordinate Bench of this Court observed as follows: “As I have had the opportunity to go through those medical bills and I find that most of the bills were issued from CMC Vellore and the learned Tribunal should have taken care of the situation that whether it was possible to bring the witnesses from CMC Vellore to prove all those bills. That apart, it cannot be overlooked that no treatment was given to the claimant after accident where he sustained severe fracture injuries. It cannot be presumed that the claimant received treatment without any kind of expenditure.”

#14. It is not disputed that the victim prior to death was admitted in hospital. Thus, in the event an injured person is admitted to hospital, the incurring of expenditure in the hospital cannot be denied. Considering the decision of the Hon’ble Supreme Court in the case of Vimla Devi and Ors. (supra) and the decision of learned Coordinate Bench of this High Court in the case of Laxmikanta Maity (supra) and considering the fact that Motor Vehicle Claim Legislation is a 7 beneficial legislation and in case of proof before the Motor Vehicle Claims Tribunal, procedure of the Evidence Act is not required in all cases, this Court is of the view that considering the period of treatment in the hospital, it would be just and reasonable to award compensation of Rs. 2 lakhs on account of medical expenses. Further, with regard to the award of compensation on general heads Rs.30,000/- should be granted on account of funeral expenses and loss of estate. Thus, the total compensation which comes by arithmetical calculation is Rs.6,73,064/-. However, this court is of the view that Rs. 7 lakhs is just a reasonable compensation.

#15. Thus, hence, this appeal F.M.A. 665 of 2023 stands disposed.

#16. The judgment and award passed by learned Additional District Judge, FTC – I, Raiganj, Uttar Dinajpur in M.A.C.C. case No.2 of 2017, stands modified extent appellant's/claimant’s will be entitled to Rs.7 the respondent No.1, National Insurance Company Limited along with interest at the rate of 6% per annum from date of filing of the claim case till today.

#17. The respondent No.1, National Insurance Company Limited shall deposit the 8 compensation amount along with interest within 8 weeks from the date of communication of this order.

#18. However, submitted appellants/claimants have already received the compensation amount awarded by the learned Trial Court the balance amount be deposited before the Registrar General, High Court, Calcutta within eight weeks from the date of communication of this order.

#19. Urgent certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (BISWAROOP CHOWDHURY, J.)