Calcutta High Court (Appellete Side)
Akb vs Mst. Rahima Bibi & Ors on 15 July, 2021
Ct.
No. 15.7 F.M.A. 1433 of 2015
26 2021 With
IA No. CAN 1 of 2014 (Old No. CAN 9909 of 2014)
5 The New India Assurance Co. Ltd.
akb Vs.
Mst. Rahima Bibi & Ors.
( Via Video Conference )
Mr. Rajdeep Bhattacharya ...For the Appellant/Insurance Co.
Mr. Jayanta Kumar Mondal
...For the Claimants/Respondents
The appeal of Insurance Company is directed
against the judgment and award dated June 16, 2014 passed
by learned Judge, Motor Accident Claims Tribunal, 3rd
Court, Barasat, North 24-Parganas in M.A.C. Case No. 26 of
2010 on a claim under section 163A of the Motor Vehicles
Act, 1988.
The ground raised by the insurance Company in
the appeal is that at the time of the accident the driver of the
offending vehicle was not holding a proper and effective
driving licence. Therefore, Insurance Company is not liable
to pay compensation in view of violation of the policy
conditions and the award should be satisfied by the owner of
the said vehicle.
As to the said ground, the award speaks that
representative of the motor vehicle department came and
deposed as DW 1 on behalf of Insurance Company and
exhibited a document issued by the Licensing Authority,
Barasat. From the said document it cannot be stated that the
licence issued in the name of the driver was a fake one. The
driver of the offending vehicle was never called to depose.
The tribunal in its award observed that in the light of the
above, since from the evidence of DW 1 it could not be
stated that the driving licence was fake, insurance company
would remain liable to pay compensation.
Learned counsel on behalf of the claimants
submits that the impugned order needs to be modified and
recalculated as per statute since the claimants are entitled to
just and proper compensation as per the statute.
Accordingly, the impugned award is modified and
recalculated as per statute and same is follows:
Particulars Amount (Rs.)
Yearly income (Rs.3,000/-p.m.x12) 36,000.00
Less: 1/3rd personal expenses - 12,000.00
24,000.00
Multiplier of 16 to be used (X) 16
3,84,000.00
Collective heads of General Damages (+)4,500.00
Total 3,88,500.00
The total amount of Rs.3,88,500/- would become payable to the
claimants together with interest assessed @6% per annum on and from
the date of filing of the claim petition within a period of 45 days from
the date of receipt of the bank account particulars of the claimants.
Advocate for the claimants will forward the bank account details of the
said claimants within a fortnight from the date to Advocate for the
appellant insurance company. The payment shall be made in the
proportion decided by the Court below.
It is submitted by the Insurance Company that they have
deposited a sum of Rs.25,000/-with the Registrar General of this Court
in aid of this appeal.
Upon payment of the sum indicated hereinabove into the bank
accounts of the claimants/respondents, the insurance company shall be
entitled to claim refund of the aforesaid sum of Rs.25,000/- together
with any accrued interest from the Registrar General of this Court.
It will however be open to the insurance company to file a civil
suit against the owner of the offending vehicle for recovery of the
compensation paid or payable on the ground that it was the sole
obligation of the owner of offending vehicle to pay the compensation,
if it can prove its case that the driver of the offending vehicle did not
possess a valid driving licence at the time of accident.
In view of the above order, execution case, if any remains
stayed.
With the aforesaid directions the instant appeal is disposed of.
In view of the disposal of this appeal, connected applications
are also 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, on priority
basis.
( Shekhar B. Saraf, J.)
