Form No. J(2) IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present: The Hon’ble Justice Ananya Bandyopadhyay FMA 1411 of 2012 Nandita Maity Versus United India Insurance Co. Ltd. & Anr. For the Appellant : Mr. Jayanta Kumar Mondal Mr. Amit Baran Dash Mr. Sayantan Rakshit For the Respondent No.1 : Mr. Parimal Kumar Pahari Heard & Judgment on : 25th August, 2025. Ananya Bandyopadhyay, J: 1. Both the Learned Advocates representing the appellant/claimant as well as respondent No.1/insurance company are present in Court. 2. The instant appeal had been filed against the judgment and award dated 24th April, 2018 passed by the Learned Judge, Motor Accident Claims Tribunal cum F.T.C.-II, Contai in M.A.C. Case No. 14 of 2009. 3. The Learned Advocate representing the appellant/claimant submitted to have filed the instant appeal exclusively on the ground that the Learned Tribunal had granted a paltry sum of Rs. 1000/- towards general damages and a sum of Rs. 5000/- towards pain and suffering and, therefore, sought for enhancement of the compensation awarded. 4. Learned Advocate representing the respondent No.1/insurance company submitted the injured claimant failed to produce any disablement 2 certificate and the Learned Tribunal had considered the entire period of treatment and granted a sum of Rs. 52,000/- towards loss of income along with medical expenses apart from the compensation granted towards general damages and pain and suffering which had been justifiable. 5. Considered the rival contentions of the Learned Advocates representing the respective parties. 6. 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 consider the point agitated by both the parties. The medical reports marked as Ext. 3 and Ext. 5 denoted the improvement in the condition of the victim as far as her physical state and locomotion are concerned. The Learned Advocate representing the appellant/claimant submitted that the Learned Tribunal cast liability upon the owner of the offending vehicle to compensate the claimant since the driver of the offending vehicle did not possess a valid driving licence on the date of the occurrence of the accident. The owner of the offending vehicle did not appear before the Learned Tribunal to contest M.A.C. Case No. 14 of 2009. It was further submitted that in view of settled principles as per the observations of the Hon’ble Supreme Court in multiple number of judgments in case of an invalid driving licence possessed by the driver of the offending vehicle, the insurance company should be asked to pay compensation, thereafter, grant right to recover the same from the owner of the offending vehicle. 3 The deposition of OPW.1 reveal that for the period of 19.12.2007 to 18.12.2010 the driving licence issued in favour of the driver of the offending vehicle was not renewed as per the documents marked as Ext. A collectively. The evidence of OPW.1 could not be controverted during his cross examination. The impugned judgment and order passed by the Learned Tribunal is modified to the extent that an enhanced sum of Rs. 25,000/- is granted towards pain and suffering. 7. Income Medical Expenses General Damages Pain & Suffering Rs. 4000/- X 13 Rs. 52,000/- Rs. 5,538/- Rs. 57,538/- Rs. 1,000/- Rs. 25,000/- ______________ Rs. 83,538/- 8. The appellant/claimant is entitled to a sum of Rs. 83,538/- along with an interest at the rate of 6% per annum to be paid from the date of filing of the claim application till the date of its realization. 9. The Learned Advocate for the respondent No.1/insurance company is to deposit the balance sum of Rs. 83,538/- along with interest as aforesaid before the office of the Learned Registrar General High Court at Calcutta within four weeks from the date of passing of this order. 10. 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 appellant/claimant at the office of the Learned Registrar General, High Court at Calcutta for disbursal of the compensation amount. 4 11. The office of the Registrar General, High Court, Calcutta shall encash the said cheque and, thereafter, disburse the same to the present appellant/claimant as mentioned in the impugned judgment and award passed by the Learned Judge, Motor Accident Claims Tribunal cum F.T.C.-II, Contai in M.A.C. Case No. 14 of 2009 on proof of proper identification of the appellant/claimant subject to payment of ad valorem Court’s fees. 12. The instant appeal is disposed of accordingly. 13. The pending applications, if any, stands disposed of. 14. Copy of the order be sent to the Department as well as the concerned tribunal as expeditiously as possible. (Ananya Bandyopadhyay, J.) c.m. A.R.ct 1 2025 INSC 361