Calcutta High Court (Appellete Side)
The Oriental Insurance Co. Ltd vs Putul Rani Sahoo & Ors on 7 October, 2024
In The High Court At Calcutta
Civil Appellate Jurisdiction
Appellate Side
Present:-
The Hon'ble Justice Ananya Bandyopadhyay
F.M.A. No. 1041 of 2023
The Oriental Insurance Co. Ltd.
Versus
Putul Rani Sahoo & Ors.
Mr. Rajesh Singh ...for the Appellant/Insurance Company.
Mr. Amit Ranjan Roy ...for the Respondent/Claimant.
Heard on: October 7, 2024.
Judgment on: October 7, 2024.
Ananya Bandyopadhyay, J:- Both the learned Advocates for the
appellant/insurance company and the respondents/claimants are present.
The instant appeal has been filed against the judgment and order dated
1st August, 2023 passed by the learned Motor Accident Claims Tribunal-cum-
learned Additional District & Sessions Judge, 1st Court (In-Charge) Paschim
Medinipur in M.A.C. Case No.551 of 2014.
The learned advocate representing the appellant/insurance company
submitted that the widow of the deceased victim renewed the certificate of
dealership for operating a ration shop which was earlier operative through the
certificate of dealership granted in favour of the husband of the claimant wife
i.e. PW1 who continued to function the same till the date of his death.
Learned advocate for the appellant/insurance company further stressed that
the widow had been in a position to earn a considerable amount as income
from the operation of the said ration shop.
Learned advocate for the claimants/respondents submitted that the
renewal of the certificate of dealership granted in favour of the widow of the
deceased accorded a new grant of dealership contrary to the renewal of the
same.
An application under Section 166 of the Motor Vehicles Act had been
filed by the claimants seeking compensation due to the death of the victim
aged about 48 years who suffered an accident which occurred on 24 th July,
2014 at about 12.30 p.m. near Panchkahania Forest Beat House under
Nayagram Police Station District-Purba Medinipur. The victim was a
passenger in a pickup van as the owner of the goods belonging to the M.R.
Dealer bearing registration no. WB 33B/5660. The said offending vehicle
collided with a black berry tree and was overturned whereby the victim
sustained injuries succumbing to the same.
The learned Advocate for the appellant/insurance company did not
dispute the occurrence of the accident, the involvement of the offending
vehicle, the route permit, the insurance policy, etc.
This Court restrict itself exclusively to the issue of quantum of the
compensation granted owing to the loss of income sustained by the appellant
if at all on the death of the victim.
The document marked as 'Exhibit- 12' is quoted below:
"Licence to a Dealer under the West Bengal Public Distribution
System (Maintenance & Control) Order, 2013".
From the said document it appears that a license has been granted in
favour the respondent no. 1 in her individual capacity contrary to the claim of
the learned advocate representing the appellant/insurance company, in the
context of the same being renewed.
PW3, the Chief Inspector Food & Supply in his deposition before the
learned Tribunal stated after death of the victim his wife Putul Rani Sahoo
got the said license renewed. The issuance of license in favour of the same did
not mention the renewal of the license which was earlier granted in favour of
the deceased who happened to be the husband of the respondent claimant
no. 1. The document as 'Exhibit 14' issued by the concerned department in
favour of the deceased victim in the year 2013 in paragraph 11 stated as
follows:
"11. The licence will cease to be valid in the event of death or resignation
of the licence or re-dissolution of Co-Operative Society/Self".
It is amply clear that the license granted in favour of the deceased
victim being license no..MDN(W) JRGM-NYGM-134402200040 has expired. It
became invalid on the death of the victim. Therefore, the license issued in
favour of the wife of the deceased victim was not a renewal of the earlier
license granted in the event of the death of the victim but was an independent
license granted in favour of the wife of the deceased victim being respondent
no. 1 in her personal or individual capacity. Therefore, there has been a
substantial loss of income and the principal amount award computed by the
learned tribunal is accordingly not interfered with. However, the learned
advocate for the appellant/insurance company is to pay an interest at the
rate of 6% from the date of filing of the claim application till it actual
realization.
It was further submitted by the Learned Advocate for the appellant/insurance
company that the Appellant/Insurance Company had deposited the entire awarded
amount with an interest of 6 % per annum from the date of filing of the claim
application i.e. 34,56,957/- as per the challan filed by the learned advocate for the
Appellant/Insurance company.
The learned advocate for the appellant/insurance company is to deposit the
amount pertaining to the interest at the rate of 6% per annum from the date of filing
of the claim application under Section 166 of the MV Act till the date of its of the
principal sum already deposited at the office of the Registrar General High Court at
Calcutta.
The learned advocate for the appellant/insurance company is to cumulative
amount of principal award as well as cumulative interest thereon lying in the
custody of the office of the Registrar General, High Court at Calcutta along with
subsequent amount to be deposited for the learned advocate for the
appellant/insurance company. In the context of 6 % per cent interest to be
computed from the date of filing of the claim application under Section 166 of the
Motor Vehicles Act till the date of deposit at the office of the Registrar General, High
Court at Calcutta within four weeks after vacation.
The office of the Registrar General, High Court, Calcutta shall encash the said
cheque and thereafter disburse the same to the present appellants/claimants in
equal proportion as mentioned in the award passed by the learned Judge, Motor
Accident Claim Additional District & Sessions Judge, 1st Court (In-Charge) in
M.A.C. Case No.551 of 2014 on proof of proper identification of the
appellants/claimants subject to payment of ad valorem Court's fees.
The learned Tribunal had granted liberty to the appellant/insurance company
to recover the compensation award payable from the owner of the offending vehicle
and the same is not interfered with.
The instant appeals are disposed of accordingly.
The trial court records be sent down to the concerned tribunal forthwith.
The interim order if any stand vacated.
Copy of the order be sent to the Department as well as the concerned tribunal
as expeditiously as possible.
(Ananya Bandyopadhyay, J.)
