The High Court of Calcutta, while disposing of an appeal filed against the judgment and award dated 20th day of January 2023, passed by the learned Judge, Motor Accident Claims Tribunal (MACT), held that no cross-appeal had been preferred against the said award and thus, in an appeal preferred by the Insurance Company, the award cannot be enhanced.
Brief Facts:
The Insurance Company has challenged the award passed by the learned tribunal wherein the learned tribunal in deciding an application under Section 163-A of the M.V. Act awarded a compensation amounting to Rs. 5,00,000/-.
Contentions of the Appellant:
The learned counsel appearing on behalf of the Appellant submitted that the observation of the learned tribunal was based on the decision of the Division Bench of this Court passed in Urmila Halder Vs. New India Assurance Co. Ltd. & Ors. reported in (2018) G WBLR (Cal) 329. He submitted that the order of the Division Bench had been challenged by the Insurance Company before the Apex Court, and for that reason, the instant appeal has been preferred.
Contentions of the Respondent:
The learned counsel appearing on behalf of the Respondent submitted that the law has been settled by the Hon’ble Apex Court so necessary order may be passed directing the Insurance Company to pay the just compensation.
Observations of the court:
The court noted that the learned tribunal passed the order that the claimants are entitled to get a fixed compensation of Rs.5,00,000/-.
The Court observed that the learned tribunal awarded simple interest @ 5% per annum upon the awarded amount. The Court said that no cross-appeal has been preferred against the said award. Thus, in an appeal preferred by the Insurance Company, the award cannot be enhanced. The award passed by the learned tribunal cannot be enhanced in an appeal filed by the Insurance Company in the absence of any appeal or cross-appeal by claimants.
The decision of the Court:
The Calcutta High Court, disposing of the appeal, held that the award of Rs. 5,00,000/- shall carry a simple interest @ 5% per annum from the date of filing of the claim application i.e. from 27.02.2010 till the actual payment.
Case Title: New India Assurance Co. Ltd. vs Madan Chandra Sarkar & Anr.
Coram: Hon’ble Mr. Justice Subhendu Samanta
Case No.: F.M.A. 809 of 2023
Advocate for the Appellant: Mr. Sanjay Paul
Advocate for the Respondent: Mr. Jayanta Kumar Mandal
Read Judgment @LatestLaws.com
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