National Insurance Co. Ltd vs Basiran Bibi & Ors
2023 Latest Caselaw 5626 Cal

28.08. 2023
 item No.4
n.b.
ct. no. 551                  FMA 407 of 2009
     with
     IA No. CAN 3 of 2011(Old No. CAN 10567 of 2011)


                       National Insurance Co. Ltd.
                                  Vs.
                         Basiran Bibi & Ors.


              Mr. Parimal Kumar Pahari,
                                .....for the appellant.
              Ms. Chittapriya Shah,
              Ms. Priyanka Saha,
                                .... For the respondent.

This appeal has been preferred against the

judgment dated 15th March, 2008 passed by the learned

Judge, 1st Court, Birbhum, Suri in M.A.C. Case No.116 of

2005.

An innocuous prayer was made on behalf of the

appellant/insurance company before this Appellate Court.

It was argued by Mr. Pahari, learned advocate that the

deceased was a gratuitous passenger; on such

observation, the learned Tribunal has directed the

insurance company to pay the compensation and in the

same award the insurance company has given a liberty to

realize the amount from the owner i.e.opposite party no.1

through a separate execution proceedings.

Mr. Pahari, learned advocate for the insurance

company submitted that the law has been settled by the

Hon'ble Supreme Court in several matters such as Baljit

Kaur, Challa Bharathamma and Swaran Singh, wherein

it has been specified that the separate execution

proceedings to recover the amount of compensation from

the owner is not required.

Considering the same, the insurance company

preferred this appeal for necessary order.

Learned advocate for the respondent/claimant

submitted before this Court that the claimants are not

getting the compensation since the date of accident i.e.

since 2005 but the order has been made but, which was

not received due to the pendency of the appeal.

Heard the learned advocate for the insurance

company and also perused the judgment of the Hon'ble

Supreme Court in Challa Bharathamma it appears to me

by virtue of the judgment passed by the Hon'ble Supreme

Court in Challa Bharallamna the separate execution

proceeding is not necessary to initiate by the insurance

company to recover the amount from the owner.

Considering the same, the order impugned passed

by the learned Tribunal is modified to the effect that the

insurance company is at liberty to recover the

compensation amount from the owner of the offending

vehicle according to the direction given by the Hon'ble

Supreme Court in Challa Bharathamma.

The learned advocate for the insurance company

has submitted the entire awarded amount has already

been deposited with the office of the learned Registrar

General, High Court, Calcutta, so, necessary order may be

passed, so that the claimant/respondent may receive such

amount.

Heard Mr. Pahari, learned advocate, it appears that

the initial statutory deposit of Rs.25,000/- was made by

the insurance company vide challan no.1843 dated 25 th

September, 2008 and, thereafter a sum of Rs.3,26,000/-

has been deposited vide challan no.2388 dated

12.12.2008.

Considering the same, it appears that the entire

amended amount has been deposited with the office of the

learned Registrar General, High Court, Calcutta, which

must have accrued some interests. The claimants are at

liberty to receive the compensation amount alongwith

accrued interest according to the direction and share as

ordered by the learned Tribunal in the impugned award.

Accordingly, FMA 407 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.)