Calcutta High Court (Appellete Side)
Smt. Shyamali Das & Anr vs The National Insurance Company ... on 5 August, 2022
05-08-2022 IN THE HIGH COURT AT CALCUTTA
Item no.18 Civil Appellate Jurisdiction
Subrata
FMA No.366 of 2022
Smt. Shyamali Das & Anr.
-vs-
The National Insurance Company Limited & Ors.
Mr. Jayanta Banerjee
Ms. Ruxmini Basu Roy ...for the appellants
Mr. Afroze Alam
...for the Respondent
No.1/Insurance company
Challenging the compensation as awarded by
the learned Judge, Motor Accident Claims Tribunal, (in
short Tribunal), 4th Court, Krishnagar, Nadia in MACC
No.180 of 2011 as inadequate compensation the
appellants have preferred the instant appeal. By the
impugned judgment dated January 14, 2022 the
learned Tribunal directed the Insurance Company to
pay compensation of Rs.4,83,600/- and interest at the
rate of 7.5% per annum from the date of the award.
The appeal has been formally registered.
It appears from the impugned award that the
second and third respondents Naba Kumar Mondal
and Chanchal Majumder are the joint owners of the
offending vehicle, but they did not turn up before the
learned Tribunal to contest the claim case despite
service of notice upon them. That being so, service of
notice upon them stands dispensed with.
Learned Counsel appearing for the appellants
submits that he has already prepared requisite
number of informal paper books containing all the
relevant papers. On such score, he submits that
calling for the LCR may be dispensed with. He seeks
leave to file a set of paper book in Court. He also
submits that one set of paper book has already been
served on the Insurance Company through its learned
lawyer.
A set of paper book filed in Court by the
appellants be kept on record.
In view of the above, calling for the LCR stands
dispensed with.
Now, on consent of the parties the appeal is
taken up for hearing.
Learned Counsel for the appellants submits
that though the appellants accepted the compensation
as awarded by the learned Tribunal. His only
contention is that the interest as awarded by the
learned Tribunal should be from the date of filing of
the claim application and not from the date of the
award.
Learned Counsel for the Insurance Company
fairly submits that in view of a decision in the case of
Sarla Verma & Ors. v. Delhi Transport Corporation
& Anr. reported in (2009) 6 SCC 121, the claimants
are entitled to get interest from the date of filing of the
claim application.
As it emanates from the claim application,
Subrata Das, son of Sushanta Das, of village Chitka
Daspara, P.O. Chitka, P.S. Tehatta, District- Nadia on
June 17, 2010 at about 9.30 p.m. was riding a cycle
after visiting a fair at Betai. While he was returning
his house along Karimpur-Krishnagar State Highway
with his sister's husband, then a vehicle (Maruti car)
bearing no.WB-52D/2008 running at an excessive
speed and driven in rash and negligent manner dashed
him. As a result of which he sustained injuries on his
person. He was taken to Nadia District Hospital where
he was declared brought dead by the attending doctor.
The victim at the time of the accident was aged about
19 years. He used to earn Rs.40,000/- per year as a
skilled labourer for painting building. Because of his
untimely death, the claimants Shyamali Das and
Sushanta Das who happen to be his parents fell in
acute financial distress.
At the time of the accident, the offending
vehicle was insured with the respondentNo.1, the
National Insurance Company Limited. The claimants,
who were the dependants of the deceased, sought for a
compensation of Rs.4,50,000/-.
Upon hearing the learned advocates appearing
for the parties and on consideration of the evidence on
record, the learned Tribunal allowed the claim
application and directed the Insurance Company to
pay a sum of Rs.4,83,600/- as compensation to the
claimants in equal share. By the award the learned
Tribunal also directed the Insurance Company to pay
interest at the rate of 7.5% p.a. on the awarded
amount from the date of the award i.e. from January
14, 2022.
The relevant portion of the award may be
excerpted as under:-
"In the light of the aforesaid discussion let me now proceed to
calculate the compensation to which the claimants are entitled.
Monthly Income of the deceased =Rs.3,000/-
Future Prospect (Rs.3,000/- x 40%) = Rs.1,200/-
Yearly income (Rs.4,200/- x 12) = Rs.50,400/-
After deducting 50% towards
Personal expenses = Rs.25,200/-
Total loss of dependency by applying multiplier 18
(Rs.25,200/- x 18) = Rs.4,53,600/-
Loss of Estate = Rs.15,000/-
Funeral Expenses = Rs.15,000/-
Total compensation comes to = Rs.4,83,600/-
Apart from the above, the claimants shall be entitled to interest
at the rate of 7.5% per annum from the date of filing of claim application
till its realization."
The relevant portion of the operative part of the
award inter alia is as follows:
"The O.P. No.2/The National Insurance Company Ltd. is
directed to pay the aforesaid compensation to the claimants/petitioners
namely, Smt. Shyamali Das and Sri Sushanta Das in equal share along
with interest @ 7.5 p.a. with effect from the date of order by way of A/C
Payee Cheque within one month from the date of this order."
As stated above, the quantum of compensation
as awarded by the learned Tribunal is not in dispute.
The only point which falls for determination is as to
whether the interest as awarded by the learned
Tribunal should be from the date of filing of the claim
application or from the date of the award.
As submitted by learned counsel appearing for
the appellants as well as the Insurance Company and
in view of the directive passed by the Hon'ble Supreme
Court in the case of Sarla Verma & Ors. (supra), the
interest should be counted from the date of filing of the
claim application. Interestingly, the learned Tribunal
in its ordering part recorded that the claimants would
be paid interest from the date of the award.
In view of the above, the award needs
modification to the following extent.
The claimants are entitled to get interest at the
rate of 7.5% p.a on the awarded amount from the date
of filing of the claim application.
Therefore, on modification of the award passed
by the learned Tribunal, the respondent No.1, the
National Insurance Company Limited is directed to pay
interest at the rate of 7.5% p.a. on the awarded
amount of money Rs.4,83,600/- from the date of filing
of the claim application till the date of deposit of the
awarded amount.
The Insurance Company is directed to deposit
the interest as indicated above with the learned
Registrar General of this Court within three weeks
from date.
Once the deposit is made, the learned Registrar
General shall release the amount to the
appellants/claimants in equal share after being
satisfied with their identity.
With the above direction the appeal and
connected application, if any, stand disposed of. No
order as to costs.
Let a copy of this order be sent to the learned
Tribunal for information.
Certified copy of this order, if applied for, shall
be given to the parties upon compliance with all
requisite formalities.
[Rabindranath Samanta, J]
