Calcutta High Court (Appellete Side)
Subhedu Pattadar & Ors vs The National Insurance Company & ... on 29 November, 2021
33 29.11.
AGM 2021
RKB
Ct
FMAT 82 of 2020
07 With
CAN 1 OF 2020 (Old No. 1629 of 2020)
Subhedu Pattadar & Ors
Versus
The National Insurance Company & Anr.
(Via Video conference)
Mr. Amit Ranjan Roy ... For the Appellants.
Mr. Deb Narayan Ray.
... For the Respondent No.1.
CAN No. 1629 of 2020
As per Stamp Reporter's report, there has been
a delay of 141 days in preferring the appeal.
Learned advocate for the appellants/claimant
has already filed an application being CAN No. 1629
of 2020 for condonation of delay. The said
application, though listed, is not available in the
record.
Learned advocate for the respondent/
insurance company submits that he has already
been served with the CAN application. Copy of the
CAN application is produced by the learned advocate
for the appellants/claimant, which is taken on
record.
The delay has been explained in the relevant
averments of the pleadings, revealing thereby that
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the appellants were prevented by sufficient causes
from preferring the appeal within the period of
limitation.
Learned advocate for the insurance
company/respondent submits that there is huge
delay caused in preferring the appeal, which must be
taken in view, while making consideration of the
prayer for condonation of delay.
Having regard to the submission of both the
parties, and bearing in mind the explanation of delay
already offered in the pleadings, the delay stands
condoned.
The application being CAN 1629 of 2020
accordingly stands disposed of.
Department is directed to trace out the relevant
CAN application, so as to tag the same with the
instant case record.
FMAT 82 of 2020
Learned advocate for both the parties are ad
idem on the issue that the case may be disposed of
expeditiously ignoring the technicalities involved in
the process.
It is submitted by the learned advocate for the
appellants/claimant that all the relevant documents
necessary for the adjudication of the appeal are
available with him, and the same is produced in
Court in the interest of ensuring expeditious hearing
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of this appeal, which is not resisted by the learned
advocate for the respondent.
When both the parties are agreeable to ensure
expeditious hearing of the appeal, the court should
not stand in the way.
Furnish relevant FMA particulars upon
registering the same.
A very short point involved in this appeal is
that the Tribunal has not granted any interest, while
deciding the award, and as such the award has been
inadequately assessed, which can hardly be regarded
to be just, proper and perfect.
Learned advocate for the insurance
company/respondent submits that the learned
Tribunal has considered the entire aspect of this
case, and there lies no scope for any interference by
this court, and accordingly has proposed for
dismissal of this appeal.
No other point is raised requiring any
adjudication.
The instant appeal is against the judgment and
award passed by the Motor Accident Claim
Tribunal/1st Court, Krishnagar Nadia/learned Judge,
Motor Accident Claims Tribunal, 1st Court
Krishnagar Nadia in MAC Case No. 228 of 2015,
granting award to the tune of Rs. 3 lakh to the
claimant for a vehicular accident, held on 12th June,
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2015, by reason of involvement of vehicle bearing No.
WB-52X/8374 resulting in some serious injury on
the part of injured claimant.
Having considered the submissions of both the
sides and bearing in mind the settled proposition of
law, and the precedent observed by this Court, it
appears that there is strong force in the submission
advanced by the learned advocate for the appellants.
Learned court below ought to have granted
interest, while deciding the award and thus for not
granting interest to the award already decided, there
has been inadequate quantification of the award,
which needs modification so as to make the award
proper, perfect and just.
The respondent/insurance company is directed
to pay interest at the rate of 6% per annum to the
awarded sum, from the date of filing claim
application till the actual payment of interest
component to appellants/claimants.
Learned advocate for the appellants is directed
to furnish the bank particulars of the
claimants/appellants to learned advocate for the
respondent/insurance company within 15 days, and
upon receipt of the same, the insurance
company/respondent shall disburse the amount, as
regards the interest component, in the light as stated
hereinabove within 45 days thereafter to the
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claimant's account directly either by NEFT/RTGS.
With the aforesaid directions, the appeal stands
disposed of. In view of the above disposal, connected
applications, if any, are also disposed of.
There will be no orders as to costs.
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.
.
(Subhasis Dasgupta, J)
