Calcutta High Court (Appellete Side)
United India Insurance Co. Ltd vs Hari Prasad Mahato & Ors on 3 November, 2022
08
03.11.2022
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMA 823 of 2005
United India Insurance Co. Ltd.
Vs.
Hari Prasad Mahato & Ors.
Mr. Parimal Kumar Pahari
... For the appellant/Insurance Co.
Today the appeal is fixed for hearing. In spite of
notice, none appears on behalf of the respondents/
claimants. In such circumstances, the appeal is taken up
for hearing.
Heard the learned advocate appearing on behalf of
the appellant/Insurance Company.
This appeal arose out of a judgment and award
dated 30th July, 2004 passed by the learned Judge, Motor
Accident Claims Tribunal, Fast Track 2nd Court, Uttar
Dinajpur at Islampur, in MAC Case No.47 of 2003 under
Section 163A of the Motor Vehicles Act, 1988.
The claim petition was filed by the legal heirs of the
deceased Musharu Mahato, aged about 60 years, a labour
having monthly income of Rs.3,000/-, in a motor vehicle
accident on 9th December, 2002 at about 4.30 p.m. near
Hararampur Chowk upon NH-31 while proceeding towards
Lahutara from Noongara Sonali travelling in a Tata Spacio
bearing registration no.WB-60/9356 and collided with a
Truck bearing registration no. UP-53-J/3707 from
opposite side. This claim petition was filed with a prayer
for compensation to the tune of Rs.2,00,000/- under
Section 163 A of the Motor Vehicles Act, 1988.
The appellant/Insurance Company contested the
claim petition before the learned Tribunal by filing written
statement, alleging, inter alia, that the accident was due to
fault on the part of the Truck driver who was not
impleaded in this case and the policy of Tata Spacio has
not covered the risk and liability of the vehicle which was
used on hire in spite of having private vehicle insurance
coverage.
Learned Tribunal after considering the evidence on
record, including the report in final form by Baisi Police
Station regarding accident, post mortem report of the
deceased and other documents regarding the vehicle Tata
Spacio, returned its findings by way of pronouncing award
of Rs.87,000/- with a direction to pay to the claimants.
Being aggrieved and dissatisfied with the said
judgment, the instant appeal has been preferred by the
Insurance Company on two-fold grounds. One is that
though the incident took place with the involvement of two
vehicles but only the Insurance Company of the Tata
Spacio was impleaded in the claim petition and secondly,
Tata Spacio did not cover the risk and liability of the
vehicle which was used on hire in spite of having private
vehicle insurance coverage.
Learned advocate appearing on behalf of the
appellant/Insurance Company has submitted on the same
point before this Court.
On careful perusal of the entire judgment passed
by the learned Tribunal, I find that the learned Judge duly
considered the evidence on record and assessed
compensation to the tune of Rs.87,000/- in favour of the
claimants but no liberty was given to the Insurance
Company to recover the award from the owner of the
vehicle Tata Spacio in spite of holding that the deceased
was a gratuitous passenger of Tata Spacio at the relevant
date.
In the aforesaid view of the matter, I direct the
appellant/United India Insurance Company Limited to
deposit the awarded amount of Rs.87,000/-, deducting the
statutory amount if already paid, along with interest @ 6%
per annum from the date of filing of the claim petition till
the date of deposit before the office of the learned Registrar
General of this Court within six weeks from date.
The respondents/claimants are entitled to the
awarded compensation along with interest @ 6% per
annum from the date of filing of the claim petition till the
date of deposit of amount.
The appellant/Insurance Company is at liberty to
recover the entire awarded sum with interest from the
owner of the vehicle Tata Spacio bearing registration
no.WB-60/9356 through execution proceeding in terms of
the observations of the Hon'ble Apex Court in Shamanna
& Ors. v. The Divisional Manager, The Oriental
Insurance Co. Ltd. & Ors. reported in AIR 2018 SC 3726
and Oriental Insurance Co. Ltd. v. Nanjappan & Ors.
AIR 2004 SC 1630 : (2004) 13 SCC 244.
The respondents/claimants will be entitled to
withdraw the entire amount with interest.
The learned Registrar General will disburse the
entire amount with accrued interest to the respondents/
claimants on equal share on proper identification.
With the observation, the appeal, being FMA 823 of
2005, stands disposed of.
All pending applications, if there be any, also stand
disposed of.
Urgent photostat certified copy of this order, if
applied for, be given to the parties, upon compliance of
necessary formalities.
(Bibhas Ranjan De, J.)
