cm IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION Present: The Hon’ble Justice Ananya Bandyopadhyay FMAT 685 of 2010 With CAN 1/2011 (CAN No. 5607 of 2011) Gita Pandit & Anr. -Vs- National Insurance Co. Ltd. & Anr. For the Appellants/claimants : Sk. Abu Abbasuddin Ms. Nahid Rahman For the respondent No.1/insurance co. : Mr. Parimal Kumar Pahari Heard on : 13.01.2025 Judgment on : 13.01.2025 Ananya Bandyopadhyay, J. :- In Re: CAN 1/2011 (CAN No. 5607 of 2011) 1. The Learned Advocates for the appellants/claimants as well as the respondent No.1/insurance company are present. 2. The Learned Advocate representing the appellants/claimants had filed an application being CAN 1 of 2011 (Old No. CAN 5607 of 2011) under Section 5 of the Limitation Act which had been taken up for hearing. The record revealed a delay of 56 days, in filing the instant appeal. 2 3. Considering the averments made in Paragraph 5 to 7 of the CAN application being CAN 1 of 2011 (Old No. CAN 5607 of 2011) and in view of the beneficial legislative intent the delay of 56 days in filing the instant appeal is condoned. 4. The application being CAN 1 of 2011 (Old No. CAN 5607 of 2011) is allowed. 5. The appeal is admitted. 6. The instant appeal has been filed against the judgment dated 16th December, 2009 passed by the learned Judge, 6th Bench, City Civil Court, Calcutta in MAC Case No.501 of 2007 under Section 163A of the Motor Vehicles Act, 1988. 7. An application under Section 163A of the Motor Vehicles Act had been filed by the appellants/claimants on account of the death of the victim aged about 53 years out of an accident which occurred on 03.06.2007 within 11.30 a.m. to 11.45 a.m. while the victim was proceeding towards the crossing of Prince Anwar Shah Road and Lake Garden Road. The offending vehicle bearing Registration No. WBS-5413 approached at an exceeding speed, rashly and negligently dashing the victim, who was immediately removed to M.R. Bangur Hospital and thereafter referred to S.S.K.M. hospital where he succumbed to injuries on 9th June, 2007 at about 11.30 p.m. 3 8. The Learned Advocate representing the appellants/claimants submitted that the impugned judgment and order passed by the Learned Tribunal did not consider that the application had been filed under Section 163A of the Motor Vehicles Act claiming for compensation and erroneously after assessing both oral and documentary evidence disposed of the issues framed by the same and awarded a sum of Rs. 1,67,900/- along with interest at the rate of 7% from the date of filing of the claim application till final realization as default clause. 9. The Learned Advocate representing the respondent No.1/insurance company conceded to the submission of the Learned Advocate representing the appellants/claimants. The Learned Advocate representing the appellants/claimants submitted the appellants/claimants were entitled to claim of Rs. 5,00,000/- as consolidated to the compensation awarded in terms of the notification dated 22nd May, 2018 and the observation of the Hon’ble Supreme Court in Urmila Halder v. The New India Assurance Company Ltd1. 10. Since, the occurrence of the accident, involvement of the offending vehicle, driving licence, route permit and insurance policy etc. have not been disputed by the Learned Advocate representing the 1 2019(2)TAC 143 4 respondent No.1/insurance company, this Court restricts itself only to the extent of granting compensation considering the judgment of the Hon’ble High Court in Urmila Halder v. The New India Assurance Company Ltd2. and the same being affirmed by the Supreme Court in Special Leave Petition3 and the notification dated 22nd May, 2018, the appellants/claimants are entitled to Rs.5,00,000/- as 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, the second schedule 1(a) is as follows: - “Fatal Accidents: Compensation payable in case of Death shall be five lakh rupees.” 11. The impugned judgment passed by the aforesaid Tribunal is modified to the extent of Rs. 3,32,100/- (Rs.5,00,000-Rs.1,67,900/-) along with interest to be paid at the rate of 6 % per annum from the date of filing of the application i.e. 13.07.2007 till the date of its actual realization. The Learned Advocate for the appellants/claimants submitted to have received the compensation of Rs. 1,67,900/-. 2 2019(2)TAC 143 3 Special Leave Petition(Civil) No. 6260 of 2019 5 12. The Learned Advocate for the respondent No.1/insurance company is to deposit the balance sum of Rs. 3,32,100/- along with 6 % per cent interest per annum from the date of filing of the claim application i.e. 13.07.2007 before the office of the Learned Registrar General, High Court Calcutta within four weeks from the date of passing of this order. 13. On receipt of the said amount, the office of the Registrar General, High Court, Calcutta shall encash the said cheque and thereafter disbursed the same to the present appellants/claimants in equal proportion as mentioned in the award granted by the learned Judge, 6th Bench, City Civil Court, Calcutta, in M.A.C. Case No.501 of 2007 on proof of proper identification of the appellants/claimants subject to payment of ad valorem Courts fees. 14. The instant appeal is disposed of accordingly. 15. Copy of the order be sent to the Department as well as the concerned tribunal as expeditiously as possible. (Ananya Bandyopadhyay, J.)