Shipra Saha And ORS v. Cholamandalam M/S General Insurance Company Ltd. And ANR

Dd 21 14.01.2026

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI FMA/66/2025 SMT. SHIPRA SAHA AND ORS VS CHOLAMANDALAM M/S GENERAL INSURANCE COMPANY LTD. AND ANR Mr. Gobinda Saha, Ms. Riyanka Dey Mr. Milan Ch Laskar, Advocates ... ... For the Appellants Ms. Supriya Singh, Advocate ... ... For the Insurance Company

1. Appeal is at the behest of the claimants and directed against the award dated June 16, 2023 passed in MAC Case No. 294 of 2020 under Section 166 of the Motor Vehicles Act, 1988.

2. Learned advocate appearing for the appellants submits that, the impugned award did not grant interest from the date of the filing of the claim application till the date of the payment.

3. Insurance Company is represented.

4. The records made available to Court establish that, the impugned award granted interest at the rate of 6% per annum in the event of default of payment. In my view, claimants are entitled to interest from the date of the application for claim till the date of receipt of the awarded amount.

5. In the facts of the present case, the application for claim was made on November 17, 2020. Impugned award granted interest at the rate of 6% per annum in the event of default of payment.

6. In my view, interest of justice would be subserved by awarding interest at the rate of 6% per annum from the date of application for claim being November 17, 2020 till the date of deposit by the Insurance Company.

7. Insurance Company will deposit the enhanced amount with the Registrar, Jalpaiguri Circuit Bench within six weeks from date.

8. Learned Registrar, Jalpaiguri Circuit Bench will distribute the sum lying within him including the sum that he will receive pursuant to this order amongst the three appellants in equal share.

9. FMA/66/2025 is accordingly disposed of.

(Debangsu Basak, J.)