Calcutta High Court (Appellete Side)
Kina Das & Anr vs Cholamandalam Ms General on 2 December, 2022
08
02.12.2022
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMAT 1093 of 2009
Kina Das & Anr.
Vs.
Cholamandalam MS General
Insurance Company Limited & Anr.
Mr. Amit Ranjan Roy
... For the appellants/claimants
Mr. Rajesh Singh
... For the respondent no.1/Insurance Co.
This appeal is directed against the judgment and
award dated on 7th February, 2009 passed by the learned
Judge, Motor Accident Claims Tribunal and Additional
District Judge, 4th Court, Krishnagar, Nadia, in connection
with MAC Case No.119 of 2006 under Section 163A of the
Motor Vehicles Act, 1988.
The claim case arose out of an incidental death of a
five-year-old girl child by the involvement of one Tata
Sumo, bearing registration no.WB-24C/6420, while the
said girl was in the road in front of her house. First
Information Report was lodged and Hanskhali Police
Station Case No.0292 dated 21st February, 2005 under
Sections 279/338/304A of the Indian Penal Code was
started and the claim petition was filed with the claim of
Rs.1,60,000/-.
The respondent no.1/ Cholamandalam MS General
Insurance Company Limited contested the claim petition
by filing the written statement denying all averments made
in the claim petition contending, inter alia, that the
claimants are not entitled to any compensation.
In course of trial, the father of the victim was
examined as PW-1 who testified the accidental death of his
daughter, aged about five years. PW-2 claiming himself to
be an eyewitness also deposed before the learned Tribunal
and corroborated the accident.
Considering the evidence on record, the learned
Tribunal awarded Rs.1,52,000/- a compensation.
This appeal has been filed only on the ground of
non-compliance of Section 171 of the Motor Vehicles Act,
1988 by the learned Judge of the claim Tribunal.
Mr. Amit Ranjan Roy, learned advocate appearing
on behalf of the appellants/claimants and Mr. Rajesh
Singh, learned advocate appearing on behalf of the
respondent no.1/Insurance Company have also submitted
that this appeal has been preferred only on the ground of
non-compliance of Section 171 of the Motor Vehicles Act,
1988 by issuing order of interest from the date of filing of
the claim petition till the deposit of the amount.
It is reported that the appellants/claimants have
already received Rs.1,52,000/- as awarded by the learned
Tribunal.
In these circumstances, the respondent no.1/
Insurance Company is directed to deposit interest @ 6%
per annum on the awarded amount of Rs.1,52,000/- from
the date of filing of the claim petition till the date of receipt
of the awarded amount of Rs.1,52,000/- by the appellants
/claimants, before the office of the learned Registrar
General of this Court, within six weeks from the date of
this order, if not already paid.
The appellants/claimants will be entitled to
withdraw the amount towards interest.
The learned Registrar General is requested to
disburse the amount towards interest to the appellants/
claimants in equal share on proper identification.
With the above observation, the appeal, being
FMAT 1093 of 2009, stands disposed of.
All pending applications, if there be any, stand
disposed of.
A copy of this order be forwarded to the learned
Tribunal immediately.
Urgent photostat certified copy of this order, if
applied for, be given to the parties, upon compliance of
necessary formalities.
(Bibhas Ranjan De, J.)
