Calcutta High Court (Appellete Side)
The United India Insurance Co. Ltd vs Smt. Rupali Biswas & Ors on 4 August, 2021
04.08.2021
ss ( Via Video Conference )
F.M.A.T. 901 of 2019
I.A. CAN 1 of 2019 (old No. CAN 11405 of 2019)
The United India Insurance Co. Ltd.
Vs.
Smt. Rupali Biswas & ors.
Mr. Sanjay Paul ... For the Appellants/Insurance Co.
Mr. Muktakesh Das ... For the respondents/claimants
Re : I.A. CAN 1 of 2019 (old No. CAN 11405 of 2019)
This is an application for condonation of delay in
filing the instant appeal.
On perusal of the pleadings, this Court is satisfied
that the cause shown for delay in filing the instant appeal
is sufficient and prayer for condonation of delay should
be allowed.
Accordingly, the application for condonation of
delay stands allowed.
FMAT 901 of 2019
By consent of the parties, instant appeal is treated
as on day's list and is taken up for hearing.
The department is directed to issue F.M.A. number
immediately.
This instant appeal has been filed by the Insurance
Company against the award and/or Judgment dated 26th
June, 2019 passed by the Learned Judge, Motor Accident
Claims Tribunal, Fast Track Court-I, Krishnanagar, Nadia
in M.A.C. Case No. 36 of 2014 (Smt. Rupali Biswas & Anr.
-vs- Provat Jyoti Chatterjee & Anr).
The facts of the case are not in dispute.
The claim was filed under Section 163A of the
Motor Vehicles Act, 1988. Learned Advocate for the
appellant/Insurance Company submits that the Learned
Tribunal committed error in law while awarding
compensation of Rs.5,00,000/ by relying upon a Gazette
notification dated 22nd May, 2018 published by the
Ministry of Road Transport and Highways Authorities
whereby the said authority amended the Second Schedule
of 163A of the Motor Vehicles Act, 1988 and assessed
compensation of Rs.5,00,000/ lump sum irrespective of
age and income of the victim which has given effect from
22nd May, 2018 to those cases which shall be filed after
the said amendment but the accident as well as claim
application filed in the instant case prior to date of
amendment.
Learned Advocate for the appellant/Insurance
Company further submits that the Learned Tribunal
committed error in law while directing the appellant/
Insurance Company to pay compensation instead of
owner of the offending vehicle since at the time of
accident the driving license of the driver of the
insured/offending vehicle was not valid.
Learned Advocate for the respondents/claimants
submit that due to invalid driving license of the driver of
the offending vehicle the third party to the accident
should not be suffered. Therefore, the Learned Tribunal is
just while directing the appellant/Insurance Company to
pay compensation. Regarding quantum of compensation
the Learned Advocate for the respondents/claimants left
the matter before the Court for consideration.
Needless to mention here that despite service of
summons, the owner of the offending vehicle chose not to
contest the case before the Learned Tribunal and claim
case was heard ex parte against the said opposite party.
After hearing the parties, this Court assess annual
notional income of the deceased as Rs.15,000/ since the
deceased was 3 years old minor child and falls within no
income group under old II Schedule of the Motor Vehicles
Act, 1988.
Be that as it may, considering the rival submissions
of the parties this Court assessing compensation by
following the old II Schedule of the Motor Vehicles. Act,
1988 as follows:
Annual Income Rs 15,000/-
Less personal expenses (1/3rd) Rs 5,000/-
Annual loss of dependency Rs 10,000/-
Multiplier 15 (Rs. 10,000/ x 15) Rs. 1,50,000/-
General Damages Rs 4,500/-
Total compensation = Rs 1,54,500/-
Mr. Das, learned Counsel for the respondents/
claimants acknowledges that his clients have not received
any compensation amount in terms of the award dated
26.06.2019 passed by the learned Tribunal.
Mr. Paul. Learned Counsel for the appellant/
Insurance Company submits that his client has already
deposited the statutory amount of Rs.25,000/ before this
Hon'ble Court.
Therefore, the appellant/Insurance Company is
directed to pay a sum of Rs.1,54,500/ together with 6%
interest from the date of filing of claim application till
payment to the claimants within 45 days of receipt of
particulars of their bank accounts to be supplied by their
counsel to the counsel for the insurance company.
It is made clear that the payments shall be made by
NEFT/ RTGS in the proportion as ordered by the Court
below. After payment of the above compensation to the
claimants, the appellant/insurance company shall be at
liberty to recover the compensation amount paid to
claimants from the owner of the offending vehicle by
initiating appropriate proceeding in accordance with law.
The appellant/Insurance Company shall also be at
liberty to withdraw the statutory amount of Rs.25,000/
together with accrued interest thereon from the Learned
Registrar General, High Court, Calcutta after payment to
the claimants.
With the aforesaid directions, the instant appeal
shall stand disposed of.
There will be no order as to costs.
Urgent photostat certified copy of this order, if
applied for, be given to the parties upon compliance of all
formalities.
(Shekhar B. Saraf, J.)
