National Insurance Co. Ltd vs Manoj Sharma & Anr
2023 Latest Caselaw 5414 Cal

22.08. 2023
 item No.5
n.b.
ct. no. 551                FMA 704 of 2009


                         National Insurance Co. Ltd.
                               Vs.
                        Manoj Sharma & Anr.


              Mr. Parimal Kumar Mandal,
                                    ... for the appellant.
              Mr. Ashique Mondal
                              .....for the respondent no.1.

This appeal has been preferred by the Insurance

Company against the judgment and award dated 30 th

August, 2008 passed by Judge, Motor Accident Claims

Tribunal, 9th Fast Track Court, Alipore, South 24 Parganas

in M.A.C. Case no.28 of 2007.

The brief fact of the case is that the present

respondent suffered bodily injury in road traffic accident

due to rash and negligent driving of the offending vehicle

duly insured under the policy of the present appellant.

The claimant has filed an application under Section 163A

of the M.V. Act before the learned Tribunal. The matter

was contested by the Insurance Company by filing written

statement. Learned Tribunal after hearing both the

parities has awarded a sum of Rs.1,34,600/- along with

9% per annum in favour of the claimant.

Being aggrieved by and dissatisfied with the said

award, 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 is erroneous. The learned

Tribunal has not considered the nature of injury

sustained by the injured. The injured did not appeared

before the Board of Doctors of government Hospital but a

private Doctor issued a certificate of disablement to the

extent of 35%. The disability certificate issued by the

private Doctor is not according to the norm or the award

passed on the basis of the certificate is erroneous.

He also argued the facts and circumstances of the

case will prove that there is no less of income by the

injured in this case. So, the compensation passed by the

Tribunal is much higher.

Leaned advocate appearing on behalf of the

claimant submitted before this Court that the impugned

award passed by the learned Tribunal suffers no illegality.

The permanent partial disability was assessed by the

Doctor to be 35% but at the time of considering the case

before the learned Tribunal. He calculated the

compensation considering the disability to the extent of

20%.

Learned Tribunal has applied his mind in

considering the facts and circumstances of the case, thus,

the award passed by the learned Tribunal on the basis of

the partial disablement of the claimant to be 20%. He also

submits that it was specifically pleaded before the learned

Tribunal that the income of the deceased was Rs.3,500/-

per month. But at the time of assessing the

compensation, Learned Tribunal has considered the

income of the claim to be Rs.3,000/- per month. There is

no error in such finding, so , the impugned award cannot

be set aside.

Heard the learned advocates. Perused the evidences

placed in the paper book, it appears to me that he injured

himself deposed as P.W.1. the Doctor who examined the

P.W.1 has deposed as P.W.2. The P.W. 2 the Doctor is a

retired medical practitioner of Eastern Railway, he opined

in support of his certificate of partial disablement. During

the cross-examination the evidence of doctor became

unshaken.

I have perused the FIR and other police papers

considered the entire materials before me, it appears to

me that the learned Tribunal has perused the entire

materials on record and after perusing the disability

certificate, learned Tribunal has of the opinion that the

partial disability of the claimant is 20%. I find no

infirmity in the said finding. Moreover, the income of the

claimant was assessed to Rs.3,000/- per month. Thus, at

this juncture, I find no merit to entertain the instant

appeal. Thus, the award of compensation passed by the

learned Tribunal is sustained. However, the interest

award of Rs.1,35,600/- shall carry a interest @ 6% per

annum instead of 9% per annum from date of filing of the

claim case i.e. February 10, 2004.

It appears that the Insurance Company has already

deposited the entire amount of Rs.1,34,600/- which must

have carry some interest. The claimant is at liberty to

receive the amount along with accrued interest from the

office of the Learned Registrar General, High Court,

Calcutta.

The Insurance Company is directed to deposit the

interest part within eight weeks from the date of this order

with the office of the Learned Registrar General, High

Court, Calcutta, on such deposit the claimant is at liberty

to withdraw the same according to the prevalent rules.

Accordingly, FMA 704 of 2009 is disposed of.

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.)