Calcutta High Court (Appellete Side)
The National Insurance Co. Ltd vs Asha Devi & Anr on 30 June, 2021
S/L 12
30.6.2021
Court No.26
SD
FMA 1181 of 2016
With
CAN 2 of 2017
(Old CAN 1053 of 2017)
(Via Video Conference)
The National Insurance Co. Ltd.
Vs.
Asha Devi & Anr.
Mr. Sanjay Paul
... for the Appellants/Insurance Co.
Mr. Amit Ranjan Roy
... for the Respondents/Claimants.
The appeal has been filed by the appellant/Insurance
Company against the judgment and award dated September
30, 2015 passed by the Additional District & Session Judge,
Motor Accident Claims Tribunal, 4th Court, Asansol in M.A.C.
Case No.13 of 2013/143 of 2012.
Mr. Sanjay Paul, counsel appearing on behalf of the
appellant/Insurance Company taken various grounds one of
is very serious, challenging the involvement of the offending
vehicle against whom the proceeding has been initiated.
Second point has been taken that the victim, since deceased,
was the khalasi of the one of the offending vehicles wherein
two offending vehicles were involved in the accident and
after the accident one vehicle has been fled away. According
to Mr. Paul the claimants had chosen wrong forum. It has to
be filed before the Workmens' Compensation Court.
Mr. Amit Ranjan Roy, counsel appearing for the
respondents/claimants vehemently opposed the submission
of Mr. Paul and submits that two vehicles are involved in the
accident but the FIR has duly been lodged against the victim
vehicle and accordingly claim case has been filed against the
victim vehicle where the victim, since deceased, was working
as a khalasi and used to earn Rs.3000/- per month. It
appears from the record that the charge-sheet has been
submitted against the vehicle No. NL01D/9124.
Mr. Roy further submits that the instant case has been
filed under section 163A of the Motor Vehicles Act 1988
which provides as follows:-
"163A. Special provisions as to payment of
compensation on structured formula basis - (1)
Notwithstanding anything contained in this Act or in
any other law for the time being in force or
instrument having the force of law, the owner of the
motor vehicle or the authorized insurer shall be liable
to pay in the case of death or permanent disablement
due to accident arising out of the use of motor vehicle,
compensation, as indicated in the Second Schedule, to
the legal heirs or the victim, as the case may be.
(2) In any claim for compensation under sub-
section (1) the claimant shall not be required to plead
or establish that the death or permanent disablement
in respect of which the claim has been made was due
to any wrongful act or neglect or default of the owner
of the vehicle or vehicles concerned or of any other
person.
(3) The Central Government may, keeping in
view the cost of living by notification in the Official
Gazette, from time to time amend the Second
Schedule."
The further submission advanced by Mr. Roy that
claimant can proceed against any of the offending vehicles, if
more vehicle involved in the accident, in view of the Section
168 of the Motor Vehicles Act, 1988 and also can choose any
of the forum in view of section 167 of the Act, the law set out
herein below :-
"167. Option regarding claims for
compensation in certain cases - Notwithstanding
anything contained in the Workmen's Compensation
Act, 1923, where the death of, or bodily injury to, any
person gives rise to a claim for compensation under
this Act and also under the Workmen's Compensation
Act, 1923 (8 of 1923), the person entitled to
compensation may without prejudice to the
provisions of Chapter X claim such compensation
under either of those Acts but not under both."
Regarding assessment of quantum of compensation
no argument is advanced by the parties.
After considering the rival submissions of the parties
as well as provisions of Motor Vehicles Act, 1988, this Court
holds that the award passed by the Tribunal while granting
compensation against the appellant insurance company is
just and reasonable.
Since the entire awarded amount together with
interest as passed the Tribunal is deposited by the appellant
in view of the order dated August 22, 2016 before the
Registrar General of this Hon'ble Court and it was invested
in short term fixed deposit this court granted liberty to the
Claimant/Respondent to withdraw the entire deposited sum
together with accrued interest thereon from the Registrar
General of this Court.
In light of the above submissions, the
claimants/respondents shall furnish particulars of their
respective Bank accounts with the Registrar General of this
Court as expeditiously as possible. Upon receipt of such
details, the Registrar General is directed to pay the awarded
sum along with any accrued interest to the
claimants/respondents in accordance with law in the same
manner and proportion of the award within a period of four
weeks. The Registrar General shall check the veracity of the
bank accounts and the identity of the claimants before
disbursing the amounts.
With the aforesaid directions, the instant appeal is
disposed of.
There shall be no order as to costs.
In view of the disposal of this appeal, connected
application, if any, is also disposed of.
The Registry is directed to send down the lower court
records at once, if received by this time.
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.)
