Samsuddin Sekh & Anr vs Shriram General Insurance Co. Ltd. & Anr
2024 Latest Caselaw 4612 Cal

Calcutta High Court (Appellete Side)

Samsuddin Sekh & Anr vs Shriram General Insurance Co. Ltd. & Anr on 9 September, 2024

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                       IN THE HIGH COURT AT CALCUTTA

                       CIVIL APPELLATE JURISDICTION

Present:
The Hon'ble Justice Ananya Bandyopadhyay
                               FMA 293 of 2022

                        Samsuddin Sekh & Anr.
                                 -Vs-
               Shriram General Insurance Co. Ltd. & Anr.

For the Appellants/claimants              :   Mr. Amit Ranjan Roy
                                              Mr. Pradyut Kumar Roy

For the respondent Nos. 1/insurance co.       : Mr. Rajesh Singh

Heard on                                  :   05.09.2024

Judgment on                               :   09.09.2024

Ananya Bandyopadhyay, J. :-

1. The Learned Advocates for the appellants/claimants as well as

the respondents/insurance company are present.

2. The instant appeal has been filed against the judgment and

order dated 30th September, 2019 passed by the Judge, Motor

Accident Claims Tribunal, Fast Track Court, Suri, Birbhum in

MAC Case No.41 of 2017 under Section 163A of the Motor

Vehicles Act, 1988.

3. The application under Section 163A of the Motor Vehicles Act,

1988 was filed before the Motor Accident Motor Accident Claims

Tribunal, Fast Track Court, Suri, Birbhum in MAC Case No.41

of 2017 on account of death of the victim in an accident which

occurred on 4th January, 2017 involving the offending vehicle

being truck bearing registration No. WB-37B-7044 at Badsahi

Road near Nakpur Check Post. The victim succumbed to his

injuries at Nalhati BPHC.

4. The Learned Advocate for the respondent No.1/insurance

company did not dispute the occurrence of the accident nor the

other ancillary issues including the involvement of the offending

vehicle, validity of the driving licence and insurance policy etc.

5. Considering the judgment of the Hon'ble High Court in Urmila

Halder v. The New India Assurance Company Ltd1. and the same

being affirmed by the Supreme Court in Special Leave Petition2

and the notification dated 22nd May, 2018, the

appellants/claimants are entitled to Rs.5,00,000/- towards just

compensation with regard to second schedule 1(a) and

notification dated 22nd May, 2018 and also the aforesaid

observations of the High Court at Calcutta and the Hon'ble

Supreme Court.

The second schedule 1(a) is as follows: -

"Fatal Accidents:

Compensation payable in case of Death shall be five lakh rupees."

6. The impugned judgment passed by the aforesaid tribunal is

modified to the extent of Rs. 3,45,500/- (Rs.5,00,000-

Rs.1,54,500/-) along with interest to be paid at the rate of 6 %

per annum from the date of filing of the application till the date

2019(2)TAC 143

of its actual realization. The Learned Advocate for the

appellants/claimants submitted to have received the

compensation of Rs. 1,54,500/-.

7. The Learned Advocate for the respondent Nos. 1/insurance

company is to deposit the balance sum of Rs. 3,45,500/- along

with 6 % per cent interest per annum from the date of filing of

the claim application i.e. 14.02.2017 before the office of the

Learned Registrar General, High Court Calcutta within six weeks

from the date of passing of this order.

8. On receipt of the said amount, the office of the Registrar

General, High Court, Calcutta shall encash the said cheque and

thereafter disburse the same to the present appellants as

mentioned in the award granted by the Judge, Motor Accident

Claims Tribunal, Fast Track Court, Suri, Birbhum in MAC Case

No.41 of 2017 on proof of proper identification of the

appellants/claimants subject to payment of ad valorem Courts

fees.

9. The instant appeal is disposed of accordingly.

10. The lower court records be sent to the concerned tribunal

forthwith

11. Copy of the order be sent to the Department as well as the

concerned tribunal as expeditiously as possible.

(Ananya Bandyopadhyay, J.)

Special Leave Petition(Civil) No. 6260 of 2019