Calcutta High Court (Appellete Side)
Sanaka Shasmal vs The United Insurance Co. Ltd. & Anr on 20 September, 2024
In The High Court At Calcutta
Civil Appellate Jurisdiction
Appellate Side
Present:-
The Hon'ble Justice Ananya Bandyopadhyay
FMA 673 of 2024
Sanaka Shasmal
v.
The United Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy
Mr. Pradyat Kumar Roy
... for the appellant/claimant.
Mr. Sanjay Paul
Ms. Jaita Ghosh
... for the respondent no.1/insurance
company.
Heard on: September 20, 2024.
Judgment on: September 20, 2024.
Ananya Bandyopadhyay, J:- The learned advocates for the
appellant/claimant and the respondent No.1/insurance company are present.
The instant appeal has been filed by the appellant/claimant agitating the
impugned award dated 22nd December, 2023 passed by the learned Judge,
Motor Accident Claim Tribunal cum Bench-VI, City Civil Court, Calcutta in MAC
Case No.464 of 2017.
The learned advocate for the appellant/claimant submitted that the
learned Tribunal has erred in computing the interest at the rate of 6% per
annum from the date of filing of the claim application till the date of its
realization of the amount of compensation as a default clause.
The occurrence of the accident, the driving licence, route permit and other
ancillary issues have not been disputed by the learned advocate for the
appellant/insurance company.
The impugned judgment and order, inter alia¸ stated as follows: -
"considering the above findings I hold that
Claimant/petitioner is entitled to realize compensation from
Opposite Party/Insurer.
Hence, it is
ORDERED
that the instant case be and same is allowed on
contest against Opposite Party/Insurer.
that Opposite Party/Insurer is directed to pay
compensation amounting to Rs.15,16,345/- to the
Claimant/Petitioner.
that the Claimant/Petitioner is directed to deposit
Court Fees as per compensation assessed and cheque be
handed over to the Claimant/Petitioner only after deposit
of Court Fees.
that the Opposite Party/Insurer, United India
Insurance Co. Ltd. is directed to pay compensation to the
Claimant/Petitioner within 90 days from the date of
communication of the order, in default, Opposite
Party/Insurer is directed to pay the amount of
compensation with interest @ 6% per annum from the
date of filings of the case till date of realization of the
amount of compensation.
that the Opposite Party/Insurer, United India
Insurance Co. Ltd. is at liberty to realize the amount of
compensation from the owner of the offending mini bus."
None of the parties disputed the occurrence of the case apart from the
computation of interest and this Court restricts itself to determine the
observation of the learned Tribunal as objected to by the learned advocate for
the appellant/claimant to the aspect of grant of interest exclusively.
The learned advocate for the appellant/claimant to have received a sum of
Rs.15,16,345/- vide Cheque dated 11th March, 2024 through an account payee
cheque No.61183893 drawn on Axis Bank Limited.
The observation of the learned Tribunal in this particular context, as
aforesaid, appears to be erroneous and this Court modifies the same to the
extent that the compensation amount to Rs.15,16,345/- is to be paid to the
appellant/claimant from the date of filing of the application under Section 166 of
the M.V. Act that is 1st August, 2017 till 11th March, 2024 along with interest at
the rate of 6% per annum.
The instant appeal is disposed of accordingly.
Copy of the order be sent to the Department as well as the concerned
tribunal as expeditiously as possible.
c.m./S.R (Ananya Bandyopadhyay, J.)
