Calcutta High Court (Appellete Side)
Joychand Mistri vs National Insrance Co.Ltd. & Anr on 21 November, 2022
21.11.2022
SL No. 27
Court No. 654
Sk
F.M.A. 834 of 2022
Joychand Mistri
vs
National Insrance Co.Ltd. & Anr.
Mr. Muktakesh Das
.....for the appellant.
Mr. Rajesh Singh
...for the respondents.
This appeal is directed against judgment and
award dated 4th April 2022 passed by learned
Additional District Judge cum Motor Accident
Claims Tribunal, 1st Court, Nadia, Krishnagar in
MAC Case no. 318 of 2004 under Section 166 of the
Motor Vehicles Act, 1988.
As per report of Additional Stamp Reporter
dated 21.06.2022 the appeal is preferred within the
statutory period of limitation.
Accordingly the appeal is formally admitted
and registered.
Mr. Muktakesh Das, learned advocate for
appellant-claimant submits that appeal is filed
solely on the ground that learned tribunal failed to
grant interest from the date of filing of the claim
application, hence calling for of lower court records
as well as preparation of informal paper-books be
dispensed with. In view of such submissions calling
for of lower court records as well as preparation of
informal paper books is dispensed with at present.
Learned advocate for appellant-claimant
further submits for dispensing with service of notice
of appeal upon respondent no.2-owner of the
offending vehicle as he did not contest the claim
application before the learned tribunal. It appears
from the impugned judgment that respondent no.2-
owner of the offending vehicle inspite of due service
of summons did not contest the claim application
before the learned tribunal and the case was
disposed of exparte against him. In the aforesaid
backdrop service of notice of appeal upon
respondent no.2-owner of the offending vehicle is
dispensed with.
The appeal is taken up for hearing.
Mr. Das, learned Advocate for appellant-
claimant submit that the learned tribunal failed to
grant interest from the date of filing of the claim
application rather the interest has been granted as a
default clause.
Mr. Rajesh Singh, learned advocate for
respondent no.1-insurance company submits that
the appellant-claimant have already received the
amount of Rs. 2,00,000/- however he fairly submits
that the interest was allowed as a default clause.
It appears from the impugned judgment that
the learned tribunal directed the insurance company
to satisfy the award within a period of two months in
default such amount shall carry interest @ 6% per
annum from 12.8.2014 i.e date of appearance of
opposite party till realization. Accordingly, such
direction of the learned tribunal needs to be
modified to the extent that the claimants are entitled
to receive interest @ 6% per annum from the date of
filing of the claim application on the compensation
amount granted by the learned tribunal of Rs.
2,00,000/-. It is informed by learned advocate for
appellant-claimant that he has already received Rs.
2,00,000/-.
The other findings of the learned tribunal
have not been challenged in the appeal.
Accordingly the respondent no.1-insurance
company is directed to deposit the amount equaling
to interest @ 6% per annum on the compensation
amount of Rs.2,00,000/- from the date of filing of
the application till payment was made to the
claimant, by way of cheque before the learned
Registrar General, High Court, Calcutta within a
period of five weeks from the date of this order. The
learned Registrar General, High Court, Calcutta
shall disperse the amount in favour of the appellant-
claimant upon satisfaction of their identity.
With the aforesaid observation the appeal
and all connected application stands disposed of.
Interim order if any stands vacated.
Urgent photostat copy if applied for be
supplied to the parties, on compliance of legal
formalities.
(Bivas Pattanayak J.)
