Manita Singha Adhikari @ Adhikary And ORS v. Hdfc Ergo General Insurance Company Ltd. And ANR

In the High Court At Calcutta CIVIL APPELLATE JURISDICTION CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE

Present:

The Hon'ble Justice Debangsu Basak FMA/63/2024 MANITA SINGHA ADHIKARI @ ADHIKARY AND ORS VS HDFC ERGO GENERAL INSURANCE COMPANY LTD. AND ANR For the Appellants :Mr. Gobinda Saha, Advocate Mr. Tamal Kr. Sen, Advocate Ms. Priyanka Dey, Advocate Mr. Milan Ch. Laskar, Advocate For the Respondents :Mr. Prasupati Nath, Advocate Heard & Judgment on: January 8, 2026 Debangsu Basak, J.

1. Appeal is limited to non-grant of interest from the date of filing of the claim petition till the date of the deposit.

2. Records produced before the Court establish that the impugned judgment does not allude to such aspect at all. It is trite law that the claimants are entitled to interest for the period from the date of the application till the date of the deposit.

3. The date of the filing of the claim application is dated August 28, 2023 and the date of the deposit is September 13, 2024.

FMA/63/2024

4. In my view interest of justice would be subserved by modifying the impugned judgment by awarding interest at the rate of 6% per annum from the date of the filing of the application i.e., August 28, 2023 till the date of deposit being September 13, 2024.

5. The amount awarded be deposited within six weeks from date to the learned Registrar, Jalpaiguri Circuit Bench.

6. FMA/63/2024 is accordingly disposed of.

(Debangsu Basak, J.) Dd