HC sets aside tribunal order, directs insurance company to compensate victim’s family
Kolkata: Setting aside the judgement and award by a Motor Accident Claims Tribunal, the Calcutta High Court, in its judgement, directed an insurance company to pay compensation of over Rs 11 lakh with interest to a family which lost one of its members to a bus accident while returning from Odisha.
The Bench of Justice Shampa Dutt was hearing an appeal by the claimants that they had not received any compensation by order of the tribunal as the case was dismissed on the grounds of jurisdiction.
On August 13, 2023, victim Minati Dutta was returning with petitioners in a tourist bus after paying homage to Dhabal Giri Temple in Odisha.
Due to the rash and negligent driving of its driver, the bus turned turtle by the side of the road which caused fatal injury to Dutta and she died on the spot. At the time of the accident, the deceased was aged about 57 years and was employed at Mathabhanga S.D.O. office Cooch Behar and drawing a salary of Rs 12,981 per month.
The principal contention of the insurance company was that there was no valid insurance policy for the offending vehicle as the cheque issued by the owner to pay the premium was dishonoured and that the company took necessary steps to inform the claimant about the same. Hence, the insurance policy was cancelled.
The court observed: “In the present case, admittedly there is no proof that the intimation of such cancellation had reached the insured before the accident”. Thus, the insurance company was found liable to pay the compensation in this case. Taking into account all the expenses including the victim’s annual salary, funeral costs, among others, the court observed: “…the Claimants are now entitled to the total amount of compensation of Rs 11, 49, 719/- together with interest at the rate of 6% per annum from the date of filing of the claim application till deposit”. The amount was directed to be deposited with the Registrar General, HC within a period of six weeks,
Further, the court directed that the insurance company shall recover the total sum from the owner of the offending vehicle.
