Calcutta High Court (Appellete Side)
Company Ltd vs Sannyasi Naskar & Anr on 22 March, 2023
33
22.03.2023
Ct. No.237
D.Hira
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
FMA 12 of 2014
with
CAN 1 of 2013 (Old No. CAN 6901 of 2013)
With
CAN 3 of 2023
The Divisional Manager, The Oriental Insurance
Company Ltd.
Vs.
Sannyasi Naskar & Anr.
Mr. Sanjay Paul.
... For the appellant
Mr. Subhankar Mandal.
... For the respondents
In re:- CAN 3 of 2023
The substitution application has been filed on
account of death of the injured/respondent on 14th
January, 2023 along with death certificate. The
substitution petition filed on 20th February, 2023 stands
allowed.
The department is directed to necessary
incorporation of the substituted respondents namely
Shachirani Naskar and Bharat Naskar.
In re:- FMA 12 of 2014
This appeal has been preferred at the instance of
Oriental Insurance Company Limited on the sole ground of
jurisdiction. The instant appeal was filed on the ground
that learned Tribunal had no territorial jurisdiction to try
the claim case as respondent/claimant resided within
jurisdiction of Canning Police Station and also accident
took place within the jurisdiction of Canning police station
and policy was issued by the Division No. 5, The Oriental
Insurance Company Limited, having its office at 4,
Government Place North, Kolkata - 700 001.
In this appeal further ground was taken assailing
the disablement certificate on the ground that the doctor
issuing the disablement certificate was not examined in
this case.
In course of argument, learned Advocate Mr.
Sanjay Paul appearing on behalf of the Insurance
Company, in his usual fairness, has submitted that issue
of jurisdiction taken in this appeal has no merit, in view of
the principle laid down in the case of Malati Sardar vs.
National Insurance Company Ltd. reported in 2016 (1)
T.A.C. (SC) 337, wherein the Hon'ble Apex Court observed
in paragraph 12 as follows:-
"We are thus of the view that in the face of
judgment of this Court in Mantoo Sarkar (supra), the
High Court was not justified in setting aside the
award of the Tribunal in absence of any failure of
justice even if there was merit in the plea of lack of
territorial jurisdiction. Moreover, the fact remained
that the Insurance Company which was the main
contesting respondent had its business at Kolkata."
In addition to that the ground of admitting
disablement certificate without examining doctor cannot
stand in the way of accepting the same. It has become a
trite law that disablement certificate issued by the Board
cannot be said to be invalid for non-examination of the
doctor of the Board.
Therefore, I find this appeal filed on behalf of the
Insurance Company has no merit and is liable to be
dismissed.
On careful perusal of the judgment pronounced by
the learned Motor Accident Tribunal, I find that learned
Tribunal awarded compensation to the tune of
Rs.4,47,000/- along with interest.
Therefore, the substituted claimants are entitled to
the awarded amount with the interest.
The appellant/Insurance Company has directed to
deposit the awarded amount with interest for the
impugned order passed by the learned Tribunal before the
Office of the Registrar General, within six (6) weeks from
date, if not already paid, after adjustment of statutory
amount of Rs.25,000/- already deposited in the Office of
the Registrar General.
The learned Registrar General is requested to
disburse the amount to the substituted claimant in equal
share on verification and proof of identity.
With the aforesaid observation, the instant appeal
being FMA 12 of 2014 stands disposed of.
All pending applications, if there be any, stand
disposed of.
Let a copy of this order along with the LCR be
communicated to the Court of learned Tribunal
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.)
