Calcutta High Court
FMAT/1049/2013 of SUNIL KR. NATH & ANR Vs NATIONAL INS. CO. LTD & ANR on 9 July 2026
rup 09.07. 2026 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMAT 1049 of 2013 IA NO: CAN 1 of 2026 Sunil Kumar Nath & Anr. Vs The National Insurance Company Limited & Anr. Mr. Jayanta Banerjee, Mrs. Ruxmini Basu Roy. … for the appellants. Mr. Rajesh
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Item No.
Ct rup
09.07. IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMAT 1049 of 2013 IA NO: CAN 1 of 2026
Sunil Kumar Nath & Anr. Vs The National Insurance Company Limited & Anr. Mr. Jayanta Banerjee, Mrs. Ruxmini Basu Roy. … for the appellants. Mr. Rajesh Singh. … for the respondent/Insurance Company. In Re: CAN 1 of 2026 Learned advocate for the appellants and learned advocate for the respondent/insurance company are present. The service of notice upon the respondent no.2/vehicle owner is dispensed with. The instant application being CAN 1 of 2026 is taken up for consideration. Heard learned advocates. Perused the petition filed. Upon perusing the petition and upon hearing the learned advocates, this Court is of the view that sufficient ground is shown for condoning the delay. Thus, the delay in preferring this appeal is condoned and the appeal is admitted. Accordingly, CAN 1 of 2026 stands disposed of.
As the respondent no.1/insurance company is represented today by the consent of the learned advocates the appeal is taken up for hearing. Heard learned advocates for the parties. Perused the materials on record. This appeal is directed against the judgment and award dated 30th June, 2011 passed by the Learned Additional District Judge, 2nd Court, Krishnagar, Nadia in M.A.C. Case No. 541 of 1998. The Learned Trial Judge by the judgment and award dated 31.06.2011 was pleased to award compensation of Rs.
1,96,500/-
to
the claimants/appellants. The appellants/claimants being aggrieved by the quantum of compensation awarded by the Learned Trial Judge has come up with the instant appeal for enhancement of the compensation. Upon hearing the learned advocates and considering the facts of the case and the provision under Section 163A of the Motor Vehicle Act 1988 and that recent amendment and further considering that the motor vehicle claims legislation is the beneficial legislation, this Court is of the view that in terms of the latest amendment the appellants/claimants should be awarded Rs.5,00,000/- compensation. It is submitted by Mr. Rajesh Singh, learned counsel for the respondent no.1/insurance company that the compensation awarded by the Learned Trial Court has already been paid which is not disputed by the learned advocates for the appelalnts. In the facts and circumstances, this appeal FMAT 1049 of 2013 stands disposed. The judgment and award dated 30th June, 2011 stands modified to the extent that the appellants/claimants will be entitled to receive Rs. 3,03,500/- along with interest @ 6% per annum from the date of filing of the claim case till today. The respondent no.1/National Insurance Company Limited shall deposit Rs.3,03,500/- along with interest @6% per annum from the date filing of the claim case till realisation before the Registrar General, High Court, Calcutta within eight weeks from the date of communication of this order. The appellants/claimants will be entitled to withdraw the compensation upon compliance of all necessary formalities. Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.
(Biswaroop Chowdhury, J.)