Anjali Saha And ORS v. The United India Ins. Co. And ANR

Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE

Present:

The Hon'ble Justice Ananya Bandyopadhyay FMA 1086 of 2024 Anjali Saha & Ors.

Versus

The United India Insurance Co. Ltd. & Anr.

For the Appellants :

Mr. Saidur Rahaman For the Respondent No.1/ : Mr. Parimal Kumar Pahari.

Insurance co.

Heard & Judgment on :

8th July, 2025.

Ananya Bandyopadhyay, J:

1. The Learned Advocates representing the respective parties are present in Court.

2. The instant appeal had been filed against the judgment and award dated 7th February, 2024 passed by the learned Judge, Motor Accident Claims Tribunal cum Additional District Judge, FTC-II, Raiganj, Uttar Dinajpur in M.A.C. Case No. 195 of 2020 under Section 166 of the Motor Vehicles Act.

3. Learned Advocate representing the appellant/claimant submitted that the learned Tribunal had erroneously granted the interest at

the rate of 6 % per cent per annum to be computed from the date of recording of evidence till the date of its actual realization.

4. Since the occurrence of the accident, the driving license, the Insurance policy, the route permit etc. and other ancillary issues have not been disputed by the learned advocate representing the respondent No.1/insurance company, this Court restricts itself only to rectify the point of interest granted by the Learned Tribunal in the impugned judgment and order. The awarded sum of compensation by the Learned Tribunal will carry an interest at the rate of 6% per cent per annum from the date of filing of the claim application under Section 166 i.e. 20th July, 2023 till the date of its actual realization.

5. The Learned Advocate representing the respondent No.1/insurance company submitted that the awarded amount along with interest at the rate of 6% per cent from the date of recording of the evidence till its actual realization before the Learned Tribunal had been received by the claimants. It seems to have been disbursed from the date of filing of the claim application till the date of recording evidence i.e. 19th July, 2023 before the office of the learned Registrar General, High Court Calcutta within two months from the date of passing of this order.

6. In view of the observation of the Hon'ble Supreme Court in Parminder Singh Vs.

Honey Goyal & Ors.1 the appellants/claimants are to provide the details of Bank Accounts held in the name of the appellants/claimants at the office of the learned Registrar General, High Court at Calcutta for disbursal of the compensation amount.

7. The office of the Registrar General, High Court, Calcutta shall encash the said cheque and thereafter disburse the same to the present appellants/claimants as mentioned in the award passed by learned Judge, Motor Accident Claims Tribunal cum Additional District Judge, FTC-II, Raiganj, Uttar Dinajpur in M.A.C. Case No. 195 of 2020 under Section 166 of the Motor Vehicles Act on proof of proper identification of the appellants/claimants subject to payment of ad valorem Court's fees.

8. The instant appeal is disposed of accordingly.

9. The pending applications if any stands disposed of. 10.

The TCR be sent down to the concerned Tribunal forthwith. 11.

Copy of the order be sent to the Department as well as the concerned tribunal as expeditiously as possible. (Ananya Bandyopadhyay, J.) 1 2025 INSC 361

c.m. Ar. Ct.