The Oriental Insurance Co. Ltd vs Chandrabati Jatuya @ Chandraboti ...
2023 Latest Caselaw 5272 Cal

18.08. 2023
 item No.3
n.b.
ct. no. 551                FMA 57 of 2008

                    The Oriental Insurance Co. Ltd.
                               Vs.
                  Chandrabati Jatuya @ Chandraboti Jantua

              Mr. Parimal Kr. Pahari,
                                .....for the appellant.
              Ms. Sima Ghosh,
              Ms. Sabina Khatun,
                                .... For the respondent.

The instant appeal has been preferred against the

judgment and award dated December 18, 2006 passed by

the learned Judge, Motor Accident Claims Tribunal, 2nd

fast track Court, Alipore, South 24 parganas, in M.A.C

case no. 156 of 2004.

The brief fact of the case is that the present

respondent being the claimant preferred an application

before the learned Tribunal under Section 166 of the M.V.

Act for getting compensation on the ground that she

suffered a road traffic accident due to rash and negligent

driving of the offending vehicle duly insured by the

present appellant.

The present appellant being the Insurance Company

has contested the matter before the learned Tribunal by

filing written statement. Learned Tribunal after hearing

both the parties; allowed the claim case in favour of the

claimant awarding compensation amounting to

Rs.78,400/-. The Insurance Company is directed to pay

the compensation through account payee cheque.

Being aggrieved by and dissatisfied with the said

order the Insurance Company has preferred this appeal.

Learned advocate for the Insurance Company

submitted before this Court that the impugned award

passed by the learned Tribunal suffered illegality. The

learned Tribunal has not considered the evidence on

record and passed the impugned order only on basis

hypothesis. He also pointed out that the rash and

negligent driving of the offending vehicle has not been

proved before the learned Tribunal. The insurance

company has no liability to pay the instant compensation

so, the instant appeal has been preferred by the appellant

for setting aside the impugned order.

Learned advocate appearing on behalf of the

claimant submitted before this Court that the claimant is

a lady who suffered the accident due to rash and negligent

driving of the offending vehicle. The police paper has

already been submitted and exhibited before the learned

Tribunal. In this case, the involvement of the vehicle was

very well proved. So, at this juncture, the impugned

award passed by the learned Tribunal is not sufficient.

So, he prayed for necessary order.

Heard the matter and perused the LCR, it appears

that the instant application was filed under Section 163A

of the M.V. Act. Police paper suggests the involvement of

the present vehicle. It further appears that the present

respondent/claimant has sustained injury for which the

Doctor opined his disability to be 35%. However, at the

time, of passing impugned judgment the learned advocate

has considered the disability of the claimant towards

earning capacity to be 28%.

I have perused the entire observations of learned

Tribunal contained of the impugned order; considering the

aspect, it appears to me that the learned Tribunal has

considered the pros and cons of the entire case, I have not

found any infirmity in the impugned order; hence that

there is no change of interference.

The insurance Company is directed to pay the

compensation amounting to Rs.78,400/- less the statute

amount already deposited along with 6% per annum from

the date of filing of the claim application.

The Insurance Company is further directed to

deposite the compensation within eight weeks from the

date of passing of this order throught the office of the

Learned Registrar General, High Court, Calcutta. On

such deposit, the respondent is at liberty to withdraw the

same from the office of the learned General, High Court,

Calcutta including the statutory deposit along with

accrued interest subject to the ascertainment of payment

of requisite Court Fees.

Accordingly, FMA 57 of 2008 is disposed of.

All connected applications, if any, are also disposed

of.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

( Subhendu Samanta, J.)