Smti.Banumati v. Shri.P.Suresh And ANR

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] ******** PRESENT: HON'BLE JUSTICE ANANYA BANDYOPADHYAY FMAT/8/2024 Smt. Banumati ... Appellant

Versus

Shri. P.Suresh and another ... Respondents For the appellant : Mrs. Anjili Nag, Sr. Adv.

Mr. Adarsh Ilango Mr. Deb Kumar Bawali For the respondent No. 2 : Mr. Arul Pasanth Mrs. Anita Hegde Heard on : 06.11.2025 Judgment on : 06.11.2025 ANANYA BANDYOPADHYAY, J.

1.

The application under Section 163 A of Motor Vehicle Act had been filed by appellant/claimant praying for compensation of Rs. 4,57,000/- along with interest on account of the death of the victim in an accident which occurred on 04.03.2016 at about 07 P.M. with the involvement of the offending vehicle being a Motor Cycle bearing a Registration No. AN-01 J - 9905 in which victim had been a pillion rider.

2.

The learned advocate representing appellant submitted the learned Tribunal to have erred in applying the multiplier method and considering the notional income in assessing the compensation award disregarding the comprehensive sum of Rs. 5 Lakhs to be granted in an application filed under Section 163 A in view of the notification dated 18th May, 2022 and the subsequent decision of the Hon'ble Apex Court in The New India Assurance Co. Ltd. vs Urmila Halder.

3.

It was further submitted the learned Tribunal erred in granting the interest from the date of order instead of granting the same from the date of filling of the application under Section 163 A of the Motor Vehicle Act.

4.

The learned advocate representing Insurance Company strenuously opposed the contentions of the learned advocate representing the applicant/claimant stating the same had already received the compensation awarded according to the award passed by the learned Tribunal considering notional income and the, amount claimed by the same in the aforesaid claim application.

5.

It was further submitted that the insurance company appeared before the learned Tribunal on 24.04.2019 and the interest should be awarded from the date when the first witness

was examined on 18.10.2022. Accordingly, rate of interest to be computed shall be granted from the date of initiation of the trial and not from the date of filing of the application. 6.

Considering the legislative intent as per notification dated 18th May, 2022 and the observation of the Hon'ble Apex Court in New India Assurance Co. Ltd. vs Urmila Halder, the sole claimant is entitled to the consolidated sum of Rs. 5,00,000/- to be paid along with interest at the rate of 8% from the date of filing of the application under Section 163 A of the Motor Vehicle act till the date of this relaxation. 7.

In view of the judgment of the Hon'ble High Court in Urmila Halder v. The New India Assurance Company Ltd. and the same being affirmed by the Supreme Court on 08.02.2024 and notification dated 22nd May, 2018, appellants/claimants are entitled to Rs. 5,00,000/- of just compensation with regard to second schedule 1 (a) and notification dated 22nd May, 2018 and also the aforesaid observations of the High Court at Calcutta and the Hon'ble Supreme Court.

8.

Schedule 1(a) of the Second Schedule of the notification no. 5.0. 2022(E) dated 22nd May, 2018, published by the Ministry of Road Transport and Highways is as follows:-

"Fatal Accidents:

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

9.

The Learned Advocate for appellant/insurance company is to pay a sum of 5,00,000/- along with an interest at the rate of 8% per annum from the date of filing of the application under Section 163A of the Motor Vehicles Act till the date of realization by the appellant/insurance company at the office of the Learned Registrar, Circuit Bench of Calcutta High Court at Port Blair within six weeks from the date of passing of this order as well as deposit a balance sum of Rs. 5,00,000/-, along with interest at the rate of 8 per cent per annum from the date of filing the claim application, if not deposited before the office of the Learned Registrar, Circuit Bench of Calcutta High Court at Port Blair within six weeks from the date of passing of this order.

10.

The office of the Registrar, Circuit Bench of Calcutta High Court at Port Blair shall encash the said cheque and thereafter disburse the same to the present appellants/claimants in equal proportion as mentioned in the award granted by the learned Motor Accident Claim Tribunal, Sri Vijaya Puram in MACT Case

No. 40 of 2016 on proof of proper identification of the appellants/claimants.

11.

FMAT/8/2024 is accordingly disposed of.

(ANANYA BANDYOPADHYAY, J.)