Calcutta High Court (Appellete Side)
Serina Khatun Halsana & Ors vs The National Insurance Co. Ltd. & ... on 21 November, 2022
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
21.11.2022
SL No.09
Court No. 654
Ali
F.M.A.T. 104 of 2020
IA No: CAN/1/2021
Serina Khatun Halsana & Ors.
Vs.
The National Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy
....for the Appellants-claimants.
Ms. Sucharita Paul
......for the respondent No. 1-Insurance Co.
Re: CAN 1 of 2021
This is an application for condonation of
delay in preferring the appeal.
Mr Amit Ranjan Roy, learned advocate for
appellants-claimants submits that due to acute
financial stringency there has been delay in
preferring the appeal. He prays for condonation of
delay.
Mrs Sucharita Paul, learned advocate for
respondent no.1-insurance company opposes such
prayer for condonation of delay.
It appears from the report of Additional
Stamp Reporter dated 3.2.2020 that there is a delay
of 464 days in preferring the appeal. The appellants-
claimants have stated in their application that due
to acute financial stringency there has been delay in
filing the appeal. Bearing in mind the grounds as
well the beneficial piece of legislation I am inclined
to condone the delay of 464 days in filing the appeal.
Accordingly the delay is condoned.
The application being no. CAN 1 of 2021
stands disposed of.
The appeal is formally admitted and
registered.
Learned advocate for the appellants-
claimants 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 appellants-claimants
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 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.
This appeal is directed against the judgment
and award dated 28th June, 2018 passed by Learned
District Judge Cum Motor Accident Claims Tribunal,
Nadia, in MAC Case No. 376 of 2012 under Section
163A of Motor Vehicles Act, 1988.
Mr Amit Ranjan Roy, learned Advocate for
appellants-claimants submits 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. He further points
out that the amount under the conventional head
namely loss of estate has not been taken into
consideration by the learned tribunal. In light of his
aforesaid submissions he prays for modification of
the order of the learned tribunal.
Mrs Sucharita Paul, learned advocate for
respondent no.1-insurance company submits that
the appellants-claimants have already received the
amount awarded by the learned tribunal along with
certain portion of interest however she fairly
submits that as per the Second Schedule to the
Motor Vehicles Act claimants are entitled to loss of
estate.
It appears from the impugned judgement
that the learned tribunal directed the insurance
company to satisfy the award within four weeks in
default such amount shall carry interest.
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 (i.e
20.12.2012) on the compensation amount granted
by the learned tribunal of Rs.4,15,000/- till the
deposit was made before the learned tribunal less
interest already received (if any).
Further it is found that no such amount of
compensation under the conventional head namely
loss of estate has been granted by the learned
tribunal. As per the Second Schedule to the Motor
Vehicles Act the appellants claimants being wife and
children are entitled to loss of estate of Rs.2500/-.
The other findings of the learned tribunal have not
been challenged in the appeal.
Thus the total compensation comes to
Rs.4,17,500/-. It is informed that the appellants-
claimants have already received the amount of
compensation of Rs.4,15,000/- with interest.
Accordingly the respondent no.1-insurance
company is directed to deposit the balance amount
of Rs.2,500/- along with interest @ 6% per annum
from the date of filing of the application till deposit
is made before the learned Registrar General, High
Court, Calcutta and the interest on the
compensation amount, granted by the learned
tribunal, as indicated above in the foregoing
paragraph, by way of a 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 aforesaid amount in favour of the
appellants-claimants in equal proportions upon
satisfaction of their identity.
Appellant no.1, mother and natural
guardian of minor appellant no.2, shall receive the
share of the said minor and shall invest the share of
the minor in any fixed deposit scheme of
nationalized bank or post office till the minor attains
majority.
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.)
