Souren Goswami vs Smt. Madhu Fomra & Anr
2021 Latest Caselaw 3741 Cal

13.07.2021
  ss
                                  F.M.A.T. 34 of 2016
                                    ( Via Video Conference )

                                        Souren Goswami
                                           Vs.
                                   Smt. Madhu Fomra & anr.

                   Mr. Muktakesh Das
                                           ...For the Appellant/claimant

                   Mr. Soumya Roy
                                           ... For the respondent no.2/

Insurance Co.

It appears to this Court that there is delay in filing

the instant appeal.

On the oral prayer of the learned Counsel

appearing on behalf of the appellants and since learned

Counsel for the respondent/Insurance Company did not

oppose, this Court condones the delay in filing the instant

appeal.

By consent of the parties, the 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.

F.M.A.T. 34 of 2016

The instant appeal is directed against the judgment

and award dated August 1, 2014 passed by the Motor

Accident Claims Tribunal, 3rd Court, Krishnagar, Nadia

in Motor Accident Claim Case No. 243 of 2000, on a claim

under Section 166 of the Motor Vehicles Act, 1988 for the

death of a four year old victim in a road accident dated

March 28, 1996.

The sole point raised by the claimant in the instant

appeal is that the statutory interest has not been granted

in terms of Section 171 of the Motor Vehicles Act from the

date of the lodging of claim till realisation. It is submitted

on behalf of the appellant that a sum of Rs.1,54,500 has

been awarded and disbursed vide Bank draft No.253622

dated 13/08/2015 as compensation but the Tribunal

has committed error in law in not awarding any interest

in terms of Section 171 from the date of lodging of the

claim till the realisation of the award to which the

appellant is entitled.

The Insurance Company is represented.

In terms of the provision of Section 171 of the

Motor Vehicles Act, the claimant is entitled to interest on

the awarded sum at the rate of 6% per annum from the

date of lodging the claim till the date of receipt of the

amount.

Accordingly, such interest on the awarded sum

assessed at the rate of 6 per cent per annum on and from

the date of filing of the claim till the date of disbursal

would become payable to the appellant by the Insurance

Company, within a period of 45 days from the date of

receipt of the bank account particulars of the appellant.

Learned Advocate for the claimant/appellant will forward

the bank account details of the claimant/appellant within

a fortnight from date to the learned Advocate for the

Insurance Company.

With the aforesaid directions, the instant appeal is

disposed of. There shall be no further order as to costs.

In view of disposal of the appeal, the connected

application, if any, is also disposed of. The concerned

department is directed to tag the applications, if any, with

the main appeal.

LCR, if any, may be returned back to the Court

below.

Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance of all

formalities, on priority basis.

(Shekhar B. Saraf, J.)