Mahebuba Khatoon vs The United India Insurance Co. ...
2023 Latest Caselaw 5014 Cal

14.08. 2023              IN THE HIGH COURT AT CALCUTTA
 Ct. No.654
 Sl.No.13                 CIVIL APPELLATE JURISDICTION
      KB                       APPELLATE SIDE

                                 FMA 829 of 2021
                                      with
                                IA No. CAN 1 of 2019
                             (Old No. CAN 9528 of 2019)

                               Mahebuba Khatoon
                                     -Vs-
                     The United India Insurance Co. Ltd. & Anr.

                     Mr. Amit Ranjan Roy
                     Ms. Afrin Nahar Mondal
                             ... For the appellant-claimant
                     Mr. Rajesh Singh
                             ... For the Respondents-Ins. Co.

This appeal is preferred against the judgement

and award dated 14th February, 2019 passed by

learned Additional District Judge cum Judge, Motor

Accident Claims Tribunal, 3rd Court, Tamluk, Purba

Medinipur in M.A.C. Case No. 5 of 2015 granting

compensation of Rs.5,00,000/- together with interest

from date of order in favour of the appellant-claimant

under Section 166 of the Motor Vehicles Act, 1966.

The brief fact of the case is that on 9th March,

2013 at about 9.30 A.M. while the minor victim was

standing beside Bhabanipur-Rajnagar pitch road at

Sitalpur near her house at that time the offending

vehicle bearing Registration No.WB-30H/1338 in a

rash and negligent manner dashed her, as a result of

which the victim sustained grievous injuries all over

her body. The victim was treated at several hospitals

and ultimately she sustained disablement on her right

foot. On account of the injuries sustained and the

subsequent disablement, the victim filed application

for compensation of Rs.5,00,000/- together with

interest under Section 166 of the Motor Vehicles Act,

1988.

The claimant in order to establish her case

examined four witnesses and produced documents

which have been marked as Exhibit 1 to 10

respectively.

The respondent no.1-insurance company did

not adduce any evidence.

By order dated 6th June, 2023 service of notice

of appeal upon respondent no.2-owner of the offending

vehicle was dispensed with.

Upon considering the materials on record and

the evidence adduced on behalf of the claimant, the

learned Tribunal granted compensation of

Rs.5,00,000/- together with interest from date of order

under Section 166 of the Motor Vehicles Act, 1988.

Being aggrieved by and dissatisfied with the

impugned judgment and award of the learned

Tribunal, the claimant has preferred the present

appeal.

Mr. Amit Ranjan Roy, learned advocate

appearing for the appellant-claimant submits that the

Learned Tribunal erred in granting interest on the

compensation amount from the date of order whereas

it ought to have granted interest from the date of filing

of the claim application He prays for modification of

impugned judgment and award of the learned

Tribunal.

Mr. Rajesh Singh, learned advocate for the

respondent no.1-insurance company opposes such

prayer.

The only issue involved in the present appeal

is whether the compensation granted by the learned

Tribunal should carry interest from the date of filing of

claim application.

With regard to the aforesaid issue, it is found

that the learned Tribunal though granted interest on

the compensation amount but such interest has been

granted from the date of order. There is no such

reason assigned for granting interest from the date of

order and not from the date of filing of the claim

application. Ordinarily, where the claim succeeds the

interest on the compensation should be from the date

of filing of the claim application.

It is informed that the claimant has received

the amount of compensation and the interest in terms

of the order of the learned Tribunal.

Accordingly, the claimant is entitled to interest

on the compensation amount of Rs.5,00,000/- at the

rate of 6% per annum from the date of filing of the

claim application till passing of the order by the

learned Tribunal.

Respondent no.1-insurance company is

directed to deposit the aforesaid interest amount by

way of a cheque before the learned Registrar General,

High Court, Calcutta within a period of six weeks from

date.

Upon deposit of the aforesaid amount, learned

Registrar General, High Court, Calcutta shall release

the amount in favour of the claimant upon satisfaction

of her identity.

Sk. Matibul Ali, father and natural guardian of

the claimant shall receive the aforesaid amount on

behalf of minor-appellant and keep the same in a

Fixed Deposit Scheme of any Nationalised Bank or

Post Office till attainment of the majority of the

appellant.

With the aforesaid observation, the appeal

stands disposed of. The impugned order of the

Learned Tribunal is modified to the above extent. No

order as to costs.

All the connected applications, if any, stand

disposed of.

Interim order, if any, stands vacated.

Urgent photostat copy of this order, if applied

for, be given to the parties upon compliance of

necessary legal formalities

(Bivas Pattanayak, J.)