Calcutta High Court (Appellete Side)
The New India Assurance Co. Ltd vs Smt. Shanti Singha & Ors on 6 January, 2023
03
06.01.2023
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION
APPELLATE SIDE
FMA 438 of 2005
The New India Assurance Co. Ltd.
Vs.
Smt. Shanti Singha & Ors.
Mr. Parimal Kumar Pahari
... For the appellant/ Insurance Co.
On prayer, learned advocate on behalf of the
appellant/New India Assurance Company Limited has
received one copy of the Paper Book from the records of
the Court.
This appeal is pending since 2004. None appears
on behalf of the respondents.
Mr. Parimal Kumar Pahari, learned advocate
appearing on behalf of the appellant/Insurance Company
submitted that the appeal may be disposed of due to long
pendency.
Heard learned advocate appearing on behalf of the
appellant/New India Assurance Company Limited.
This is an appeal directed against the judgment
and award passed on 30th March, 2004 by the learned
Judge, Motor Accident Claims Tribunal, 2nd Court at
Siliguri, in connection with MAC Case No.160 of 2002
under Section 166 of the Motor Vehicles Act, 1988.
The claim petition was filed on account of death of
one Gaya Prasad Singha in a motor accident occurred on
29th March, 2002 at about 13 to 13.50 hours by the
involvement of two vehicles, bearing registration no.WB-
74C/1225 (Tata Sumo) and a Truck, bearing registration
no.WMH-2074. Tata Sumo was duly insured with New
India Assurance Company Limited and the Truck was
insured with National Insurance Company Limited. At the
time of accident, the deceased was aged about 30 years
and was a driver by profession having income of
Rs.3,000/- per month.
Both the Insurance Companies contested the
application by filing their respective written statements
denying the case of the claimants.
To prove the case, respondents/claimants
examined three witnesses, namely, Smt. Shanti Singha,
wife of the deceased, as PW-1, who corroborated the entire
facts of the claim petition and prayed for compensation to
the tune of Rs.3,50,000/-.
PW-2 Chandra Chhetry claimed himself to be an
eyewitness to the accident, testified in evidence that at the
time of accident, he was behind the said Tata Sumo which
was dashed by one Truck coming from Siliguri side.
Immediately after the accident, Gaya Prasad Singha, who
was the driver of the said Tata Sumo, sustained injury and
he died subsequently.
One Sailendra Nath Singh was examined as PW-3.
He claimed himself to be the owner of Tata Sumo and he
admitted that Gaya Prasad Singha died in the accident.
After the accident, Gaya Prasad Singha was taken to North
Bengal Medical College and Hospital where he succumbed
to his injuries. Average income of the deceased Gaya
Prasad Singha was Rs.3,000/- per month.
In course of evidence, a good number of
documents, including, First Information Report, charge
sheet, Death Certificate, seizure list, post mortem report,
driving licence, insurance policy etc. were admitted in
evidence as Exhibit-1 to 11.
After considering the entire evidence on record, the
learned Tribunal assessed the compensation to the tune of
Rs.3,50,000/- and the appellant/New India Assurance
Company Limited was directed to pay Rs.1,40,000/- to the
claimants.
On perusal of the observation of the learned
Tribunal in terms of evidence, I find that the learned
Tribunal rightly considered the evidence and assessed the
compensation rightly by the impugned judgment.
Mr. Pahari, learned advocate appearing on behalf
of the appellant/New India Assurance Company Limited
submitted that at the time of accident, the Tata Sumo
having insurance of private car was carrying passengers
and that is why the Insurance Company is not liable to
pay compensation. Rather, it is the liability of the owner of
the vehicle.
Even if the policy was violated, in spite of that the
Insurance Company is liable to pay the compensation and
recover it from the owner of the vehicle.
For the reasons, it is seen that the
respondents/claimants are entitled to the compensation to
the tune of Rs.1,40,000/-.
It is reported that the appellant/New India
Assurance Company Limited has already deposited
Rs.1,40,000/- as awarded by the learned Tribunal.
The respondents/claimants are entitled to
withdraw the amount with accrued interest.
The appellant/New India Assurance Company
Limited is at liberty to recover the awarded sum from the
owner of the vehicle (Tata Sumo), bearing registration no.
no.WB-74C/1225, through execution proceeding in terms
of the observations of the Hon'ble Apex Court in
Shamanna & Ors. v. The Divisional Manager, The
Oriental Insurance Co. Ltd. & Ors. reported in AIR 2018
SC 3726 and Oriental Insurance Co. Ltd. v. Nanjappan
& Ors. AIR 2004 SC 1630 : (2004) 13 SCC 244.
The learned Registrar General is requested to
disburse the amount with accrued interest to the
respondents/claimants in equal share on proper
identification.
With the above observation, the appeal, being FMA
438 of 2005, is disposed of on merit.
All pending applications, if there be any, stand
disposed of.
Records of the learned Tribunal along with a copy
of this order be transmitted back immediately.
Urgent photostat certified copy of this order, if
applied for, be given to the parties, upon compliance of
necessary formalities.
(Bibhas Ranjan De, J.)
