Calcutta High Court (Appellete Side)
Madhabi Jana & Anr vs The United India Insurance Company ... on 13 May, 2013
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
1
13.05.2013. F.M.A.T. 421 of 2013
dc. (CAN 4267 of 2013)
Madhabi Jana & Anr.
versus
The United India Insurance Company Limited & Anr.
Mr. Amit Ranjan Roy
... For the Claimants/Appellants/Applicants.
Mr. Parimal Kumar Pahari
... For the Respondent No.1/Insurance Company.
Re: CAN 4267 of 2013 In this application, the claimants/appellants/applicants have prayed for condonation of delay in filing this appeal. The last date for filing this appeal expired on 22.10.2012. The instant appeal was filed on 01.04.2013. Thus, there was 161 days delay in filing this appeal before this Court.
The reason for the delay has been sufficiently explained by the applicants in this application. Accordingly, delay in filing this appeal is condoned. The application for condonation of delay is allowed. The concerned department is thus directed to register the appeal.
The application for condonation of delay being CAN 4267 of 2013 is thus disposed of.
2Re: FMAT 421 of 2013 On the joint prayer of the learned advocates appearing for the parties, hearing of this appeal is taken up by treating the same as on the day's list.
We are informed by the learned advocates of the parties that the instant appeal can be disposed of even in the absence of the lower court records as the only point which is involved in this appeal relates to non-granting of statutory interest by the learned Tribunal while passing the award.
Considering such submission of the learned advocates of the parties, we take up this appeal for hearing by dispensing with the requirement of service of notice of appeal upon the owner of the offending vehicle as the owner of the offending vehicle did not contest the claim case before the Tribunal.
The instant miscellaneous appeal is directed against the judgement and/or award dated 25th July, 2012 passed by the learned Motor Accident Claims Tribunal, Purba Medinipur in M.A.C. Case No. 249 of 2010 by which the claimants' application under Section 166 of the Motor Vehicles Act was allowed. The Insurance Company was directed to pay a sum of Rs.6,89,500/- to the claimants as compensation within two months from the date of the award, failing which the Insurance Company would be liable to pay simple interest @8% per annum with effect from the date of filing of the claim-petition till realisation.
3The claimants are the appellants before this Court. The instant appeal has been filed by the appellants challenging the legality of the said judgement and/or award as the learned Tribunal, while disposing of the appellants' claim petition under Section 166 of the Motor Vehicles Act, did not pass any direction for payment of statutory interest under Section 171 of the Motor Vehicles Act.
Having regard to the submission of the learned advocates of the parties and after perusing the impugned award, we find that the contention of the learned advocate of the appellants bears some substance as we find that the learned Tribunal, while disposing of the appellants' claim petition did not award any interest under Section 171 of the Motor Vehicles Act.
Section 171 of the Motor Vehicles Act is a mandatory provision which gives a mandate upon the Tribunal to pass direction for payment of statutory interest on the compensation amount from the date of presentation of the claim petition up to the date of realisation thereof.
Accordingly, we modify the award by directing the Insurance Company to pay simple interest @8% per annum on the compensation amount awarded by the Tribunal from the date of presentation of the claim petition (dated 3.8.2010) before the Tribunal up to the date of realisation thereof. Such payment should be made within thirty days from the date of communication of this order by following the mode of payment as prescribed in the impugned award.
4Before parting with, we keep it on record that the awarded amount has admittedly been received by the claimants/appellants from the Insurance Company.
The appeal is thus, disposed of.
Urgent photostat certified copy of this order, if applied for, be furnished to the applicant as early as possible.
(JYOTIRMAY BHATTACHARYA, J.) (MRINAL KANTI SINHA, J.)