Disposed

Anjali Das and Anr. v. M/S New India Assurance Co. Ltd. and Anr.

Calcutta HC2 Dec 2024FMA/1004/2022

Case brief

AI extract

What is this about?

Appeal against a Motor Accident Claims Tribunal award under Section 163A for a fatal motorcycle-truck collision. Relying on the May 2018 notification fixing Rs. 5 lakh for death, the High Court directed deposit of the balance Rs. 2,29,800 with interest and disposed of the appeal.

What did the court decide?

Insurance company directed to deposit balance Rs. 2,29,800 at 6% p.a. from filing till realization; Registrar General to disburse to claimants as per award.

Anjali Das and Anr. Vs M/S New India Assurance Co… — Motor Accident Claims | Calcutta HC (2024)

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In The High Court At Calcutta Civil Appellate Jurisdiction Appellate Side

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Present:-

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The Hon’ble Justice Ananya Bandyopadhyay

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FMA No.1004 of 2022 Anjali Das & Anr. vs.

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M/s. New India Assurance Co. Ltd. & Anr.

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Ms. Sima Ghosh

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… for the appellants/claimants

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Mr. Rajesh Singh

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… for the respondent No.1/insurance company.

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Heard on: December 2, 2024. Judgment on: December 2, 2024.

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Ananya Bandyopadhyay, J:-

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The Learned Advocates representing the appellants/claimants as well as respondent No.1/insurance company are present.

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The instant appeal has been preferred by the appellant/insurance company against the Judgment and award dated 15^th November, 2022 passed by the learned Judge, Motor Accident Claims Tribunal, Special (E.C. Act) Berhampore, Murshidabad in M.A.C. Case No. 111 of 2016.

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The appellants/claimants had filed an application under Section 163A of the Motor Vehicle Act, 1988 on account of accident which occurred on 16.11.2015 at about 05.00 p.m. hours when the victim commuting a motor cycle bearing registration No. WB 94B-3077 was hit by the offending vehicle being a truck bearing registration No. CG 04 JC 8759 at Tarapur Hospital, P.S.

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Samserganj. As a result, the death of the victim at Tarapur hospital being shifted thereafter by the local people.

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The Learned Tribunal after recording the evidence, disposed of the issues framed and awarded a sum of Rs.2,70,200/- along with an interest @ 5% per annum from the date of filing of the claim application till the realization of the awarded amount.

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A notification dated 22^nd May, 2018 in the second schedule 1(a) states as follows: -

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“Fatal Accidents:

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Compensation payable in case of Death shall be five lakh rupees.”

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The appellants/claimants are entitled to receive the balance amount of Rs. 5,00,000/- at the rate of 6% per cent per annum from the date of filing of the claim application till the date of actual realization. The learned advocate for the appellants/claimants submitted that the appellants/claimants have withdrawn a sum of Rs. 2,70,200/-.

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The Learned Advocate for the respondent No.1/insurance company is to further deposit the balance sum of Rs. 2,29,800/- before the office of the Learned Registrar General, High Court, Calcutta within four weeks from the date of passing of this order.

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The office of the Registrar General, High Court, Calcutta shall encash the cheques and thereafter disburse the same to the present appellants/claimants in equal proportion as mentioned in the award passed by the learned Judge, Motor Accident Claims Tribunal, Special (E.C. Act) Berhampore, Murshidabad in

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M.A.C. Case No.111 of 2016 on proof of proper identification of the

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appellants/claimants subject to payment of ad valorem Courts fees.

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The instant appeal is disposed of accordingly.

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Copy of the order be sent to the Department as well as the concerned tribunal as

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expeditiously as possible.

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c.m.

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(Ananya Bandyopadhyay, J.)

Anjali Das and Anr. v. M/S New India Assurance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Anjali Das and Anr. v. M/S New India Assurance Co. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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