Calcutta High Court (Appellete Side)
United India Insurance Company ... vs Kalpana Mondal on 7 November, 2022
20 07.11.2022
tbsr Ct. 237
FMA 281 of 2007
United India Insurance Company Limited
Vs.
Kalpana Mondal
Mr. Rajesh Singh
.....for the appellant
Mr. Krishanu Banik
.....for the respondent/claimant
This appeal is directed against the judgment
passed in Motor Accident Claim Case No. 52 of 2002
under Section 163(A) of the Motor Vehicles Act passed
by learned Tribunal, Additional Sessions Judge, 5th
Fast Track Court, Malda awarding Rs. 1,79,500/-.
Claim petition filed on account of an accident
suffered by the husband of the claimant no. 1 on
05.01.2002 at about 7 a.m. while deceased Probhas
Mondal was going to work with a vehicle, tractor being
No. WB 65/5186, deceased fell-down from the tractor
and sustained fatal injury and ultimately died. The
said tractor was ensured with the United India
Insurance Company Limited.
Accordingly, claimant made this application with
a prayer for compensation to the tune of Rs.1,00,000/-.
In course of trial, claimant no. 1 examined herself
as PW1 and some documents in support of accident
were filed and admitted in evidence as exhibits.
Learned Tribunal took Rs. 15,000/- per month as
notional income of the deceased and calculated the
compensation after applying multiplier 17 it comes to
Rs. 1,70,000/- and included other expenses and finally
learned Tribunal awarded Rs. 1,79,500/-.
In course of arguments, learned advocate on
behalf of the Insurance Company submitted that
deceased was gratuitous passenger so Insurance
Company is entitled to recovery from the owner of the
tractor, i.e. the vehicle involved in the accident.
Learned advocate appearing on behalf of the
claimant did not dispute the statements advanced on
behalf of the Insurance Company.
In the aforesaid view of the matter, I find no
reason to interfere with the award passed by the
learned Tribunal in favour of the claimant.
It is reported that Insurance Company only
deposited Rs. 75,000/- out of total compensation of Rs.
1,79,500/- and claimant received Rs. Only 50,000/-.
Therefore, the appellant/Insurance Company is
directed to deposit Rs. 1,04,500/- along with interest @
6% per annum from the date of filing of the claim
petition till the deposit of the same.
Appellant/Insurance Company is directed to
deposit the amount mentioned above before the learned
Registrar General Office within six weeks from the date
of this order.
Learned Registrar General is requested to
disburse the amount deposited by the
appellant/Insurance Company and also disburse Rs.
25,000/- already deposited by the Insurance Company
along with the interest.
The appellant/Insurance Company is at liberty to
realize the entire compensation amount along with the
interest from the owner of the tractor being No WB
65/5186 directly through the execution proceedings in
view of the decision of the Hon'ble Apex Court in
Oriental Insurance Company Limited Vs. Nanjappan
and others (2004) 13 SCC 224.
Accordingly, the appeal being FMA 281 of 2007
stands disposed of.
Any interim applications, if pending, stands
disposed of as well.
Record of the Tribunal be transmitted back to the
Tribunal at once.
Urgent photostat certified copy of this order, if
applied for, be supplied to the parties upon compliance
with all requisite formalities.
(Bibhas Ranjan De, J.)
