Calcutta High Court (Appellete Side)
Falu Das & Anr vs The Bajaj Allianz General Insurance Co on 4 December, 2023
04.12.2023
Item No. 22
BR
FMA 3837 of 2016
With
IA No. CAN 1 of 2016 (Old No. CAN 6300 of
2016)
Falu Das & anr.
-vs-
The Bajaj Allianz General Insurance Co.
Ltd. & anr.
Mr.Amit Ranjan Roy
... for the appellant
Mr. Rajesh Singh
... for the insurance co.
Paper book filed by the petitioners is
taken on record.
Copy already served upon the opposite
party/insurance company.
The instant appeal has been filed by the
appellant feeling aggrieved with the
judgment and award dated 15 th March,
2016 passed by the Motor Accident Claims
Tribunal (Special Judge)-cum Additional
2
District Judge, Burdwan in Motor Accident
Claim Case No. 6 of 2009 (352 of 2009)
thereby the learned trial Court awarded a
sum of Rs. 3,69,500/- in part on contest
against the opposite party no. 1/owner of
the offending vehicle dismissed on contest
against the opposite party no. 2/Bajaj
Allianz General insurance company Ltd as
the route permit of offending vehicle was not
valid on the date of accident as such
insurance company is not liable to pay the
compensation.
The learned Tribunal has directed the
owner of the offending vehicle no. WB
41B/8236 to pay the compensation in the
mode and manner as stipulated in the
ordering portion of the aforesaid judgment.
Learned advocate appearing on behalf of
the petitioners submits that only one issue
is involved in the instant appeal. That is
compensation amount as awarded to be
paid by the Insurance Company to the
3
claimants and recover the same from the
owner of the offending vehicle in view of
catena of decisions of the Hon'ble Supreme
Court. Time and again the Hon'ble Supreme
Court and High Court also directed to pay
compensation first to the claimants and
recover by the insurance company from the
owner of the offending vehicle in accordance
with law.
On the other hand, Ld. Counsel
appearing on behalf of the insurance
company raised objection of such prayer
and further submits the Ld. Tribunal rightly
directed the owner to pay the compensation
as the owner violated the terms and
conditions of insurance policy.
Heard both sides. The basic facts
and compensation awarded by the Learned
Tribunal are not in dispute. Only issue is
here who will pay the compensation. On this
issue in similar circumstances, the Hon'ble
Supreme Court on plethora of judgments
4
directed the insurance company to pay the
awarded compensation to the
claimant/claimants first and then recover
the said amount from the owner of the
offending vehicle.
In such facts and circumstances, the
justice would be sub-served if this Court
directed the insurance company to pay the
compensation amount as awarded by the
learned Tribunal in the manner and mode
as stipulated in the judgment and award
dated 15th March, 2016 to the claimants
with further liberty is given to recover the
said amount from the owner of the offending
vehicle bearing registration no. WB
41B/8236 in accordance with law by the
insurance company.
The instant appeal being FMA No.3837
of 2016 is, thus disposed of.
Respondent/Insurance company is
directed to pay the compensation amount to
the tune of Rs. 3,69,500/- along with
interest accrued thereon at the rate of 7 per
cent per annum from the date of application
till realisation by way of cheque before the
office of learned Registrar General, High
Court, Calcutta within a period of 4 weeks
from date.
Learned Registrar General, High Court,
Calcutta, upon deposit of the said cheque
shall release the amount in favour of the
appellants/claimants upon proper
identification and subject to verification of
the payment of ad valorem Court fees if not
already paid, in the manner and mode of
payment as stipulated by the Ld. Tribunal
in its judgement and award dated 15 th
March, 2016.
Consequently, connected application, if
pending, is also thus disposed of
The impugned judgment and award of
the learned Tribunal dated 15th March, 2016
is modified to the aforesaid extent only.
Let a copy of this Judgment along with
LCR, if be sent back to the learned Tribunal
forthwith for information.
All parties shall act on a server copy of
the judgment and order uploaded from the
official website of High Court at Calcutta.
Urgent photostat copy of this Judgment
and Order be given to the parties upon
compliance of all legal formalities.
( Ajay Kumar Gupta , J. )
