Calcutta High Court (Appellete Side)
Manoj Barma @ Barman vs United India Insurance Co. Ltd. & Ors on 2 May, 2012
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
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Form No. J(2)
IN THE HIGH COURT AT CALCUTTA
(Civil Appellate Jurisdiction)
Present:
The Hon'ble Justice Ashim Kumar Banerjee
And
The Hon'ble Justice Shukla Kabir (Sinha)
FMAT 72 of 2011
with
CAN 3834 of 2012
Manoj Barma @ Barman
-Vs-
United India Insurance Co. Ltd. & Ors.
For the Appellant : Ms. Seema Ghosh
For the Insurance Company : Mr. Rajesh Singh
ar
Heard on : 02.5.2012
Judgment on : 02.5.2012
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Ashim Kumar Banerjee, J.
We have heard Ms. Seema Ghosh, learned counsel, appearing for the appellant and Mr. Rajesh Singh, learned counsel, appearing for the Insurance Company.
The award was passed on March 05, 2008. However, the learned Judge signed it on a subsequent date being March 11, 2008. The objection raised by the Department be thus ignored.
The appeal would pertain to a short question as to whether the appellant was entitled to interest on the awarded sum. On examination of the judgment, we do not find any reason for change of interest on the awarded sum.
In our view, the Tribunal while disposing of the motor accident claim application must apply the mandate of Section 171 of the Motor Vehicles Act, 1988.
From the judgment and order impugned, we do not find any special circumstance for which the mandate of the said provision was ignored.
The appeal thus succeeds and is allowed.
The Insurance Company is directed to pay the interest on the awarded sum at the rate of 7% per annum on and from the date of filing of the Claim application until the date of deposit of the awarded sum before the Tribunal or payment made to the appellant, whichever is earlier, to the 3 claimant to be sent through account payee cheques at their recorded address by registered post with acknowledgement due within four weeks from the date of communication of this order.
FMAT 72 of 2011 is thus disposed of along with CAN 3834 of 2012. There would be no order as to costs.
Lower Court records be sent down at once, if arrived at. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Ashim Kumar Banerjee, J.) I agree, (Shukla Kabir (Sinha, J.) 4