Calcutta High Court
FMAT/1338/2015 of ORIENTAL INSURANCE CO. LTD. Vs JAYA SARKAR (DAS) @ JAYA DAS & ANR on 21 September 2026
Court at Calcutta Civil Appellate Jurisdiction Appellate Side 21.09.2026 Item No.8 Ali ct. no.9 FMAT 1338 2015 The Oriental Insurance Company Ltd. Vs. Smt. Jaya Sarkar (Das) @ Jaya Das & Anr. Mr. Ananda Gopal Mukherjee …..for the appellant/Insurance Co. Mr. L.M. Ghosh …for the
In the High Court at Calcutta
Civil Appellate Jurisdiction
Appellate Side
21.09.2026
Item No.8
Ali
ct. no.9
FMAT 1338 2015
The Oriental Insurance Company Ltd.
Vs.
Smt. Jaya Sarkar (Das) @ Jaya Das & Anr.
Mr. Ananda Gopal Mukherjee
…..for the appellant/Insurance Co.
Mr. L.M. Ghosh
…for the respondent/claimant No.1.
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1. Learned Advocates for the parties are present.
2. This appeal was filed by the appellant Oriental Insurance Company Ltd. challenging the judgment and award dated 24.09.2015 passed by learned Additional District Judge FTC-1, Barrackpore, North 24-Parganas in MACC No. 77 of 2013.
3. The ground of challenge in the appeal is that the Insurance Company is not liable to pay compensation to the claimants on the ground that there is a breach of policy.
4. Upon hearing the learned Advocates and upon considering the facts of the case and considering the different judicial decision this Court is of the view the fact that there is a breach of policy does not absolve the Insurance Company to pay the compensation amount. However, the Insurance Company upon making such payment is at liberty to recover the same from the vehicle owner. As the learned Trial Judge by judgment and award dated 24.09.2015 has granted liberty to the appellant Insurance Company to recover the compensation amount from the vehicle owner, this Court does not find any grounds to interfere with the said order.
5. Thus this appeal stands dismissed.
6. As submitted by learned Advocate for the claimant respondent No. 1 as well as by the learned Advocate for the appellant Insurance Company that the deposit of principal compensation amount along with statutory deposit is already made before the learned Registrar General, High Court, Calcutta. Thus the respondent claimant is permitted to withdraw the principal amount of compensation less the statutory deposit along with accrued interest, if any. The interest which is not deposited by the appellant Insurance Company shall be deposited within a period of four weeks from the date of communication of this order.
7. Upon deposit of the interest amount the claimant/respondent will be entitled to withdraw the same upon compliance of necessary formalities.
8. As the liberty is granted to the Insurance Company to recover the compensation amount from the vehicle owner no further direction is necessary in this appeal.
9. Upon communication of the order of the Trial Court as well as of this Court in the event the vehicle owner fails to pay the compensation amount within a period of two months necessary recovery proceeding may be instituted.
10. Accordingly, this appeal stands disposed.
11. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.
(Biswaroop Chowdhury, J.)