bm Form No. J(2) District: Paschim Bardhaman IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Appellate Side Present : The Hon’ble Justice Ananya Bandyopadhyay FMA 1034 of 2024 BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. VS. SOBHA DEVI MANDAL & ORS C & C R Mr. Sucharita Paul … for the appellant/Insurance Company Mr. Jayanta Kumar Mondal Mr. Sayantan Rakshit … for the respondents/claimants Heard on : 01.07.2025 Judgment on : 01.07.2025 Ananya Bandyopadhyay J. 1. The learned advocate representing the respective parties are present in court. 2. The instant appeal had been filed against the judgement dated 31st January, 2024 passed by the learned Judge, Motor Accident Claims Tribunal cum Additional District & Sessions Judge, Fast Track Court, Paschim Medinipur in MAC Case No.20 of 2015. 3. An application under Section 166 of the Motor Vehicle Act, has been filed by the claimants on account of death of the victim in an accident which occurred on 16th May, 2013 at about 1 PM on 2 National Highway 41, Fatepur Over Bridge with the involvement of the offending vehicle being Tanker bearing Registration No.NL-01-G 7372 which hit the driver of a truck bearing registration No.WB-41 D/1397 due to mechanical fault of Tanker bearing registration No. NL-01-G 7372 approached at a excessively speed rashly and negligently whereby the victim was not only hit but the body of the victim was dragged to height of 6 to 7 feet from the road along the ground resulting in death of the victim on the spot. 4. The learned advocate representing the appellant Insurance Company referred to Exhibit-13/3 stating that the processing details reflected in connection with the Income Tax Return for the year 2011-2013 was not similar to that of the document appended to the Income Tax return filed for the assessment year 2013-2014 raising suspicion that the subsequent document relied on by the learned tribunal in computing the compensation amount was false and fabricated. 5. The learned advocate representing the respondent nos.1 to 4/claimants submitted that the learned Tribunal after considering the oral and documentary evidence had rightly assess the compensation award which should not be interfere with by this court. 6. Considered the rival contentions of the Learned Advocates representing the respective parties. 7. Since the occurrence of the accident, the driving license, the Insurance policy, the route permit etc. and other ancillary issues 3 have not been disputed by the learned advocate representing the appellant/insurance company, this Court restricts itself only to consider the point agitated by both the parties. The documents marked as exhibit-13/3 as well as the exhibit-14 had been issued by the Respondent Insurance Company Income Tax Department beyond the control of either of the victim and such submission of fabrication of the learned advocate representing the appellant/Insurance Company cannot be accepted. Accordingly, the impugned judgment and order passed by the learned tribunal is not interfered with. 8. Accordingly, the instant appeal is dismissed. 9. The learned advocate representing the appellant/Insurance Company submits to have deposited a sum of Rs.61,90,871/- =(Rs.25,000/- + Rs.61,65,871/-) through two separate cheques as per challan filed by the learned advocate representing the appellant/insurance company. 10. The respondent Nos.1 to 4/claimants are entitled to receive the amount of Rs.37,18,480/- along with interest at the rate of 6% per cent per annuam from the date of filing of the claim application i.e. 19.07.2014 till the date of actual realization. 11. 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 4/claimants as mentioned in the impugned judgement and award passed by the learned Judge, Motor 4 Accident Claims Tribunal cum Additional District & Sessions Judge, Fast Track Court, Paschim Medinipur in MAC Case No.20 of 2015 on proof of proper identification of the respondent no.1 to 1/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. 12. The office of the learned Registrar General, High Court at Calcutta will instruct the claimants to provide details of their bank accounts with relevant documentary proof, prior to such disbursal as aforesaid. 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. )