Calcutta High Court (Appellete Side)
Suresh Ch. Bairagya & Ors vs New India Assurance Co. Ltd. & Anr on 20 September, 2024
Cm/S.r.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
Present:
The Hon'ble Justice Ananya Bandyopadhyay
FMA 1144 of 2024
Suresh Ch. Bairagya & Ors.
-Vs-
New India Assurance Co. Ltd. & Anr.
For the Appellants/claimants : Mr. Muktakesh Das
For the respondent No.1/insurance co. : Parimal Kumar Pahari
Heard on : 20.09.2024
Judgment on : 20.09.2024
Ananya Bandyopadhyay, J. :-
1. The learned advocates for the appellants/claimants as well as
respondents No.1 are present.
2. The instant appeal has been filed against the judgment dated 18th
December, 2018 passed by the Learned Judge, Motor Accident
Claim Tribunal, 4th Court, Krishnagar, Nadia in MAC Case No.524
of 2007 filed under Section 163A of the Motor Vehicles Act, 1988.
3. The compensation award in the instant claim case to the extent of
Rs.3,60,400/- is disputed in view of the Notification dated 22nd
May, 2018 issued by the appropriate authority through Gazette
publication and also the observation of this Court in Urmila Halder
v. The New India Assurance Company Ltd1.
4. An application under Section 163A of the Motor Vehicles Act was
filed by the appellants/claimants concerning an accident, which
occurred on 19th November, 2006 at about 12.50 hours incurred
by the victim on her way to her residence situated at Krishnanagar
being a passenger of the bus bearing registration No.
WB/41/9865, which incidentally lost control and collided with
another vehicle bearing registration No. WB/37A/5603
approaching from the opposite direction whereby the victim
succumbed to her injuries.
5. The Learned Tribunal disposed of the issues framed and on
appreciation of evidence pronounced the impugned judgment
directing the respondent Nos. 1 to pay a compensation to the tune
of Rs. Rs.3,60,400 to the appellants/claimants.
6. The occurrence of the accident, the involvement of the offending
vehicle, driving licence, route permit, etc. and other ancillary
issues are not in disputed.
7. However, in view of the aforesaid notification and the decisions of
the Hon'ble High Court at Calcutta as well as the Hon'ble
Supreme Court, the appellants/claimants are entitled to a sum of
Rs.5,00,000/-.
The notification dated 22.05.2018, inter alia, stated as follows:
2019(2)TAC 143
1. "(a) Fatal accidents:
Compensation payable in case of
Death shall be five lakh rupees".
8. The Learned Advocate for the appellants/claimants submitted to
have received the compensation amount of Rs. 3,60,400/-.
9. The impugned judgment passed by the aforesaid tribunal is
modified to the extent of Rs.1,39,600/- i.e. (Rs.5,00,000-
Rs.3,60,400/-) along with interest to be paid at the rate of 6 % per
annum from the date of filing of the application till the date of its
actual realization.
10. The Learned Advocate for the respondent No.1/Insurance
Company is to deposit the balance sum of Rs. 1,39,600/- along
with 6 % per cent interest per annum from the date of filing of the
claim application before the office of the learned Registrar
General, High Court Calcutta within six weeks from the date of
passing of this order.
11. 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/claimants in equal
proportion as mentioned in the judgment dated 18th December,
2018 passed by the Learned Judge, Motor Accident Claim
Tribunal, 4th Court, Krishnagar, Nadia in MAC Case No.524 of
2007 under Section 163A of the Motor Vehicles Act, 1988 on proof
of proper identification of the appellants/claimants subject to
payment of ad valorem Courts fees.
12. The instant appeal is disposed of accordingly.
13. Copy of the order be sent to the Department as well as the
concerned tribunal as expeditiously as possible.
(Ananya Bandyopadhyay, J.)
