In a motor accident compensation claim case, the Calcutta High Court directed Reliance General Insurance to deposit the amount along with interest.
The appellant filed the appeal against the judgment and award passed on 30th May 2018 by Judge, Motor Accident Claims Tribunal, City Civil Court, granting compensation in favour of respondents-claimants to the tune ofRs.14,59,326/- along with interest under Section 166 of the Motor Vehicles Act, 1988.
On 18th November 2009 at about 1:15 PM while the victim was proceeding through the VIP road from North to South direction on his bicycle, at that time the offending vehicle bearing no. WB- 19D/7066 (Tata Magic) which was driven in a rash and negligent manner dashed the victim from behind as a result of which he sustainedheadinjuries.
The victim succumbed to his injuries on 7 January 2010 and expired. On account of the sudden demise of the deceased victim, the respondents-claimants being the widow, sons and mother of the deceased filed an application for a grant of compensation of Rs.15 lakhs along with interest under Section 166 of the Motor Vehicles Act, 1988.
Upon considering the materials on record as well as the evidence produced on behalf of the respective parties, the tribunal granted compensation in favour of the respondents-claimants of Rs. 14,59,326/- along with interest @ 8% per annum from the date of filing of the claim application till its realization.
It was submitted that the offending vehicle is a passenger-carrying vehicle which is evident from the policy issued by the insurance company in respect of the said vehicle being a passenger-carrying vehicle package policy. The driving licence of the driver of the offending vehicleshows that the driver of the offending vehicle was authorised only to drive a light motor vehicle non-transport. The owner of the offending vehicle violated the terms and conditions of the insurance policy.
After considering and analysing the submissions and various judgements, Justice Bivas Pattanayak held that the respondent-claimants are entitled to compensation of Rs.15,82,683/-. It was found that the appellant-insurance company has deposited a sum of Rs.1,95,978/-dated 28.09.2018 and further deposited a sum of Rs.22,18,240/- dated 28.09.2018 and has also made a statutory deposit of Rs. 25,000/- dated 12.07.2018 with the Registry of this Court.
The appellant- Reliance General Insurance Company Limited was directed by the Court to deposit the balance amount of Rs.1,23,357/- along with interest @ 6% per annum from the date of filing of the claim application till deposit by way of a cheque with the Registrar General, High Court, Calcutta within the period of four weeks.
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