Pushpa Jana & Ors vs Oriental Insurance Co. Ltd. & Ors
2021 Latest Caselaw 3806 Cal

12 15.07.2021                 (Via Video Conference)
Sc
                                  F.M.A 353 OF 2021

                                     --------------

Pushpa Jana & Ors.

-Vs.-

Oriental Insurance Co. Ltd. & Ors.

Mr. Subhankar Mandal ...For the Appellants/ Claimants Mr. Parimal Kumar Pahari ...For the Respondent/ Insurance Co.

The appeal filed by the claimants is against the

Judgment and award dated December 11, 2019, passed

by the Motor Accident Claims Tribunal, 7th Court,

Paschim Medinipur in M.A.C. Case No. 96 of 2014 in a

claim under section 166 of the Motor Vehicle Act, 1988

for the accidental death of one Nepal Jana on June 11,

2013, who left behind his widow, son & daughter.

The facts of the case are not in dispute.

The insurance company is represented.

The claim was filed under Section 166 of the Motor

Vehicles Act, 1988. Counsel appearing for the

appellants/claimants submits that the tribunal assessed

the principal compensation at Rs.8,47,687/ but

committed error in granting only Rs.6,00,000/ on the

ground that the claimants had restricted their claim to

Rs.6,00,000/ in the claim application. In the case of

Nagappa -Vs- Gurdayal Singh reported in (2003) 2 SCC

274 Hon'ble Apex Court held that it is the duty of the

Court to pay just compensation after considering

materials on record irrespective of claim amount as

mentioned in the claim application.

Accordingly, considering the judgment of Hon'ble

Apex Court as referred above, award passed by the court

below, is modified and the compensation amount is fixed

at Rs 8,47,687/-.

The appellants submit that they have received the

awarded amount of Rs.6,00,000/ along with interest from

the insurance company. Therefore, balance amount of Rs.

2,47,687/ shall be paid by the respondent insurance

company along with interest @6% per annum to be

calculated from the date of filing of the claim application

till payment to the appellants/claimants within thirty

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.

With the aforesaid directions the instant appeal is

disposed of.

In view of the disposal of this appeal, connected

applications, if any, are also disposed of. The department

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

the main appeal.

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, on priority basis.

(Shekhar B. Saraf, J.)