In The High Court At Calcutta Civil Appellate Jurisdiction Appellate Side Present:- The Hon’ble Justice Ananya Bandyopadhyay FMA 925 of 2024 National Insurance Co. Ltd. v. Sangita Panja & Ors. Mr. Sanjay Paul Ms. Jaita Ghosh … for the appellant/insurance company. Mr. Jayanta Kumar Mandal Mr. Sayantan Rakshit … for the respondents/claimants. Heard on: March 18, 2025. Judgment on: March 18, 2025. Ananya Bandyopadhyay, J:- 1. The learned advocates representing the respective parties are present. 2. The instant appeal had been preferred against the impugned judgment and award dated 28th March, 2024 passed by the Motor Accident Claim Tribunal, 3rd Court, Tamluk, Purba Medinipur in MAC Case No.46 of 2022. 3. An application under Section 163A of the Motor Vehicles Act had been filed on account of the death of the victim in an accident, which occurred on 13th December, 2021 at about 6.30 p.m. on N.H. 6 Road, near Naopala Ghosh Hotel within the jurisdiction of Bagnan police Station in the district of Howrah with the involvement of an offending vehicle being a Maruti Omni bearing registration No.WB-30C/9008, which at an exceeding speed rashly and negligently manner hit the victim, who was stationed at the extreme left side of the concrete road N.H. 6 Road, near Naopala Ghosh Hotel. He expired at the Purba Medinipur District Hospital at Tamluk succumbing injuries sustained by him. 4. The Learned Advocate representing the appellant/insurance company submitted that the complaint was filed after 68 days of the accident without explaining any cogent reason for delay in filing the same. Moreover, the offending vehicle had been deliberately implanted after such unexplained delay in filing the written complaint, which had earlier been cited as offending vehicle in many other motor accident claim cases. 5. The Learned Advocate representing the respondents/claimants denied and disputed the contentions of the learned advocate representing the appellant/insurance company and submitted that the Learned Tribunal had justifiably granted the compensation of Rs.5,00,000/- along with an interest at the rate of 6% per annum from the date of filing of the claim application till the date of its actual realization. 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 the extent of considering the points agitated by the Learned Advocate representing the appellant/insurance company as aforesaid. 7. Considered the rival contentions of the Learned Advocates representing the respective parties. 2 8. The document marked as “Exhibit-1” being the written complaint had aptly explained the delay in filing the same owing to the time consumed towards hospitalization of the victim. Moreover, the complainant had stated being overtaken by grief due to the death of the victim/father there was a delay in filing the written complaint. The delay in filing the written complaint though not convincing for the ends of justice, it can be considered. The learned advocate representing the appellant/insurance company did not prove the involvement of the offending vehicle in any other motor accident claim cases, as claimed or even ventilated before the learned Tribunal and such proposition is nullified. This Court is not inclined to interfere with the compensation awarded by the learned Tribunal. 9. Accordingly, the instant appeal is dismissed. 10. The learned Advocate representing the appellant/Insurance Company submits to have deposited a sum of Rs.5,74,531/- (Rs. 25,000/- + Rs. 5,49,531/-)through two separate cheques as per challan filed by the learned advocate representing the appellant/insurance company. 11.The Respondent Nos. 1 to 3/claimants are entitled to receive the amount of Rs. 10,64,100/- at the rate of 6% per cent per annum from the date of filing of the claim application till the date of actual realization. 12. The office of the learned Registrar General High Court at Calcutta, shall encash the cheques and thereafter disburse the entire awarded amount so deposited along with accrued interest to the present respondent Nos. 1 to 3/claimants in equal proportion as mentioned in the impugned judgment dated Learned Judge, Motor Accident Claim Tribunal, 3rd Court, Tamluk, 3 Purba Medinipur in MAC Case No.46 of 2022 on proof of proper identification of the respondent No.1 to 3/claimants subject to payment of ad valorem Court fees and refund the balance amount if any through a cheque to the Learned Advocate for the Appellant/Insurance Company for the accounts of the insurance company. 13.The TCR be sent down to the concerned Tribunal forthwith. 14.Copy of the order be sent to the Department as well as the concerned tribunal as expeditiously as possible. (Ananya Bandyopadhyay, J.) S.R. 4