Smt. Sangita Devi & Ors vs National Insurance Company Ltd. & ...
2022 Latest Caselaw 7677 Cal

    09
21.11.2022
Ct. No.237
    pg.
                       IN THE HIGH COURT AT CALCUTTA
                          CIVIL APPELLATE JURICTION
                                APPELLATE SIDE

                                FMA 34 of 2006

                            Smt. Sangita Devi & Ors.
                                       Vs.
                     National Insurance Company Ltd. & Anr.

                                      with

                               FMA 464 of 2007
                                      with
                   IA No. CAN 1 of 2005 (CAN 3491 of 2005)
                                      with
                      CAN 2 of 2009 (CAN 8056 of 2009)
                           (Application not in the file)

                           National Insurance Co. Ltd.
                                       Vs.
                               Sangita Debi & Ors.


                    Mr. Krishanu Banik
                          ... For the appellants/claimants in
                            FMA 34 of 2006 & respondents/

claimants in FMA 464 of 2007

Mr. Parimal Kumar Pahari ... For the respondent no.1/Insurance Co. in FMA 34 of 2006

This appeal is directed against the judgment and

award passed on 10th August, 2005 by the learned Judge,

Motor Accident Claims Tribunal, Additional District Judge,

2nd Court, Asansol, in MAC Case No.08 of 2004/05 of

2004 under Section 1666of the Motor Vehicles Act, 1988.

The claim petition arose on account of death of one

Surindra Jadav, aged about 26 years, who suffered

accidental death on 11th December, 2003 at about 5.00

hours while the victim was driving a pick up van through

G.T. Road towards Asansol to collect vegetable. Suddenly

one unknown Truck running with high speed and in

negligent manner, dashed the victim who was driving the

pick up van and fled away. As a result, Surindra Jadav,

husband of the claimant no.1 died. The claim petition was

filed with a prayer for compensation to the tune of

Rs.3,00,000/- under Section 166 of the Motor Vehicles

Act, 1988.

It was further alleged that the Asansol Police

Station Case No.201 of 2003 dated 11th December, 2003

under Sections 279/338/427 of the Indian Penal Code

was started against the unknown vehicle fled away after

accident.

The respondent no.1/National Insurance Company

Limited contested the claim petition by filing written

statement denying all materials all averments made in the

claim petition contending, inter alia, that the Insurance

Company has no liability to pay any compensation to the

claimants.

In course of trial, two witnesses were examined in

this case i.e., wife of the deceased as PW-1 and one

Rajendra Yadav as PW-2.

Learned Tribunal refused to award any

compensation on the ground that the offending vehicle

could not be intercepted and final report against the

offending vehicle was submitted as not traceable, relying

on the decision reported in 2004 ACJ 645.

In course of argument, learned advocate Mr.

Parimal Kumar Pahari appearing on behalf of the

respondent no.1/Insurance Company supported the

judgment passed by the learned Tribunal and it is

submitted that there is no scope to allow any

compensation as admittedly the offending vehicle was not

traceable.

In opposition to that, learned advocate Mr.

Krishanu Banik appearing on behalf of the appellants/

claimants has relied on the judgments in Bulbul Mondal

@ Bhola Mondal v. National Insurance Co. Ltd. & Anr.,

reported in 2010 ACJ 826 and Smt. Brinda Routh &

Ors. v. United India Insurance Company Ltd. reported

in 2010 ACJ 372, dealing with limited liability of

Insurance Company in case of unknown vehicle

responsible for the accident.

On careful perusal of the claim petition together

with the evidence, I find that the victim was a driver of a

vehicle bearing registration no.WB-37A/2989 and used to

draw salary of Rs.3,000/- per month. It is also evident that

he succumbed to his injuries while he was driving the

vehicle bearing registration no.WB-37A/2989.

So, in these circumstances, it is needless to

mention that the appellants/claimants are entitled to

compensation as per Workmen's Compensation Act

dealing with limited liability of the Insurance Company.

The views have been clearly enunciated in both the

decisions of Bulbul Mondal @ Bhola Mondal (supra) and

Smt. Brinda Routh (supra).

Therefore, I find that if I apply the provisions

contained in the Workmen's Compensation Act, the limited

liability in the amount of Rs.3,27,920/- along with interest

@ 6% per annum from the date of one month after the

accident till actual payment and the liability of the

respondent no.1/Insurance Company would be limited to

the extent of that amount.

The respondent no.1/National Insurance Company

Limited is directed to deposit the compensation amount of

Rs.3,27,920/- along with interest @ 6% per annum from

the date of one month after the accident till actual

payment, after deducting the amount, if any, paid under

Section 140 of the Motor Vehicles Act, 1988 before the

office of the learned Registrar General of this Court, within

six weeks from the date of this order.

The appellants/claimants will be entitled to

withdraw the amount with interest.

The learned Registrar General will disburse the

amount to the appellants/claimants in equal share on

proper identification.

With the above observation, the appeal, being FMA

34 of 2006, stands disposed of.

In view of disposal of the main appeal, being FMA

34 of 2006, the connected appeal, being FMA 464 of 2007,

is also disposed of along with all connected applications.

All pending applications, if there be any, also stand

disposed of.

Records of the learned Tribunal relating to FMA 34

of 2006 along with a copy of this order be transmitted

back 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.)