Calcutta High Court (Appellete Side)
Sarojini Tudu & Ors vs New India Assurance Co. Ltd & Anr on 5 August, 2022
05-08-2022 IN THE HIGH COURT AT CALCUTTA
Item no.19 Civil Appellate Jurisdiction
Subrata
FMA No.398 of 2022
Sarojini Tudu & Ors.
-vs-
New India Assurance Co. Ltd & Anr.
Mr. Subhankr Mandal ...for the appellants
Ms. Sucharita Paul
...for the Respondent
No.1/ Insurance Company
This appeal has been preferred by the
claimants being aggrieved by the judgment and award
dated September 23, 2021 passed by the learned
Judge, Motor Accident Claims Tribunal, (herein after
be referred to as the Tribunal),1st Court, Paschim
Medinipur in MACC No.369 of 2018.
The appeal has been formally registered.
Learned counsel 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 prays for filing of the
paper book in court. He also submits that one set of
paper book has already been served on the insurance
company.
Since the paper book contains all the relevant
papers, calling for the LCR stands dispensed with. The
paper book filed in court be taken on record.
As it appears from the impugned judgement,
the second respondent, Aloke Tewary, being the owner
of the offending vehicle, despite service of notice upon
him, did not turn up before the learned Tribunal to
contest the claim application. As such service of notice
upon him stands dispensed with.
Now on consent of the appearing parties, the
appeal is taken up for hearing.
Learned counsel for the appellants submits
that the appellants accept the compensation of
Rs.12,79,600/- as awarded by the learned Tribunal.
But, the learned Tribunal erred in directing the
payment of interest from the date of the award
instead of the date of filing of the claim application.
Learned Counsel for the insurance company
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 @ of 6% per annum and not
8% per annum as directed by the learned Tribunal
from the date of filing of the claim application.
The facts emanating from the claim
application under s.166 of the Motor Vehicle Act, 1988
and which are necessary for adjudication may be
summarized as follows:
On 16.06.2018 Nirmal Tudu, son of Lt.
Chunaram Tudu, of village Maharajpur, P.O. Salboni,
District- Paschim Medinipur was travelling in a bus
bearing no.WB-33A/0426. The vehicle was running at
an excessive speed and driven in a rash and negligent
manner. While the bus reached near Jhitka turning
under P.S- Lalgarh at about 13.30 hours, the driver of
the vehicle lost his control and the bus capsized by
the side of the road. As a result whereof Nirmal Tudu
sustained severe injuries on his person. He was taken
to a hospital where the attending doctor declared him
brought dead. The victim at the time of the accident
was aged 33 years. He used to earn Rs. Rs.8,000/-
per month as a worker of a cold storage. Owing to the
sudden demise of the victim, the claimants, who
happen to be his widow, two minor children and
mother, fell in acute financial distress.
At the time of the accident, the offending
vehicle was insured with the first respondent, the New
India Assurance Company Limited. The claimants
who were the dependants of the deceased, sought for a
compensation of Rs.12 lakh with interest thereon.
Upon hearing 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 the compensation as above to the claimants in
equal share. Since no appeal or cross-objection has
been filed as against the findings of the learned
Tribunal, this Court is of the opinion that the learned
Tribunal was justified in awarding the compensation.
Now the question which falls for consideration
is whether the claimants are entitled to get interest at
the rate of 8% p.a. on the aforesaid awarded
compensation from the date of filing of the claim
application.
As submitted by learned counsel appearing for
the the Insurance Company and in view of the
directive passed by the Hon'ble Apex Court in the case
of Sarla Verma (supra), the interest should be at the
rate of 6% p.a. which should be payable from the date
of filing of the claim application.
Therefore, the award passed by the learned
Tribunal needs modification to the following extent.
The claimants are entitled to get the interest on
the awarded amount at the rate of 6% p.a. from the
date of filing of the claim application i.e. from July 3,
2018 till September 22, 2021.
Accordingly, on modification of the award
passed by the learned Tribunal, the respondent No.1,
the New India Assurance Company Limited is directed
to pay interest at the rate of 6% p.a. on the awarded
amount of Rs.12,79,600/- for the period from July 3,
2018 till September 22, 2021 with the learned
Registrar General of this Court within six 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.
The first appellant Sarojini Tudu, the mother
and guardian of the minor claimants/appellant nos. 2
and 3 Lakhindar Tudu and Souman Tudu is directed
to deposit the share of the minors in a fixed deposit
account with any Nationalised bank. Such amount of
money to be deposited shall not be withdrawn till the
minors attain majority.
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]
