Calcutta High Court (Appellete Side)
(Smt. Tapati Chowdhury & Ors vs The Bajaj Allianz General Insurance ... on 27 April, 2015
Author: Soumitra Pal
Bench: Soumitra Pal
7.4.2015
l.no. 1
FMAT 334 of 2015
CAN 3369 of 2015
(Smt. Tapati Chowdhury & Ors. -vs- The Bajaj Allianz General Insurance Company Ltd. & Anr.
Mr. Nanigopal Chakraborty
Mr. Abhishek Banerjee....for the appellants
Mr. Rajesh Singh
Mr. Sanjay Paul ...for the respondents
Though the application, being CAN 3369 of 2015, for condoning the delay has appeared under the heading 'To Be Mentioned', however, by consent of the learned advocates for the parties, the said application is taken up for hearing.
At the very outset it is submitted by Mr. Chakraborty, learned advocate for the appellants that he does not want to proceed against the respondent/opposite party no.2, the owner of the vehicle, who did not contest before the learned Tribunal. Therefore, service of notice of appeal on the respondent no.2 is waived at the risk and cost of the appellants.
Since it is submitted by the learned advocate for the appellants that both the respondents have been served, he is directed to affirm and file affidavit of service in course of this day.
Heard learned advocates for the parties. Perused the application, being CAN 3369 of 2015, for condoning the delay of 97 days in preferring the appeal. Causes shown are sufficient. Therefore, the delay of 97 days in preferring the appeal is condoned. The application is allowed.
Let the appeal be registered, if it is otherwise in form.
By consent of the parties the appeal is taken as on day's list and is taken up for hearing. This appeal has been preferred against the judgment and award dated 28th August, 2014 passed by the learned Additional District Judge, Motor Accident Claims Tribunal, 7th Court, Paschim Medinipur in M.A.C. Case no. 41 of 2010 under Section 166 of the Motor Vehicles Act, 1988.
Heard learned advocates for the parties. We find that the learned Tribunal while passing the judgment and award, had directed the Insurance Company to pay the compensation along with interest @ 8% per annum from the date of depositing the court fees till the date of realization.
In view of the settled proposition of law and considering the facts and circumstances of the case, the judgment and award is modified by directing the Bajaj Allianz General Insurance Company Limited, the respondent no.1 to grant interest @ 6% per annum on the awarded amount to be calculated from the date of filing of the claim case till the date of deposit.
Since it is submitted on behalf of the appellants that his clients have received the awarded amount of Rs. 18,79,384/- in the manner as directed by the learned Tribunal, the Insurance Company is directed to deposit the amount towards interest before the learned Tribunal within four weeks from the date of presentation of a copy of the certified copy of this order by A/c payee cheques in favour of the appellants/claimants, which shall be disbursed in the same mode, manner and proportion, as directed by the learned Tribunal in the penultimate paragraph of the impugned judgment and award.
Let the Lower Court records be sent down at once, if arrived at in the meantime. Let a copy of this order be sent to the learned Tribunal for information and to the respondent no. 1 for compliance.
The appeal is allowed in part.
No order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties on priority basis.
(Soumitra Pal, J.) (Mir Dara Sheko,J.)