Rejina Bibi and Ors. v. Iffco Tokio General Ins Co. Ltd. and Anr.
Case brief
What is this about?
FMA 403 of 2024; Calcutta High Court; Ananya Bandyopadhyay, J.; 01.05.2025; Rejina Bibi & Ors. v. IFFCO Tokio General Insurance Co. Ltd.; Section 163A Motor Vehicles Act 1988; MAC Case No. 21 of 2019; MACT Rampurhat Birbhum; Additional District Judge; fatal accident compensation; second schedule 1(a); five lakh rupees; notification dated 22nd May 2018; Urmila Halder v. The New India Assurance Company Ltd; Supreme Court Special Leave Petition; enhancement Rs.2,64,000/- to Rs.5,00,000/-; balance Rs.2,36,000/-; interest reduced 7% to 6%; 1% excess interest adjustment; Registrar General High Court Calcutta; right to pay and recovery unaltered; ad valorem court fees; appeal disposed of.
What did the court decide?
Total just compensation fixed at Rs.5,00,000/- per the second schedule 1(a). The respondent No.1/insurance company to deposit the balance sum of Rs.2,36,000/- with interest at 6% per annum from the date of filing of M.A.C. Case No. 21/2019 till realization before the office of the learned Registrar General, High Court Calcutta within six weeks, the 1% excess interest paid earlier being adjusted. On receipt, the Registrar General's office to encash the cheque and disburse the amount to the appellants/claimants within four weeks as per the Tribunal's award, on proof of proper identification, subject to payment of ad valorem court fees. Other portions of the impugned judgment and the right to pay and recovery left unaltered; pending applications disposed of; TCR to be sent down to the concerned Tribunal.