MARAN CHANDRA DAS Vs. SUBHAM SARKAR

JUDGEMENT

(1.) Heard Mr. S. Lodh, and Mr. U. K. Majumder, learned counsel appearing for the claimant-appellants. Also heard Mr. P. Gautam, learned counsel appearing for the respondent-insurance company.

(2.) The present appeal has been filed by the claimant-appellants under Section-166 of the Motor Vehicles Act, 1988, for the death of their son in a road traffic accident. At the outset, Mr. Gautam, learned counsel appearing for the respondent-insurance company has vehemently raised objection against the maintainability of this appeal. Mr. Gautam, learned counsel has submitted that exorbitant amount has been awarded by the Motor Accident Claims Tribunal. According to him, the law laid down in Sarala Verma's case regarding deduction of 50% in case of death of a bachelor, has not been followed by the tribunal. Mr. Gautam, has further submitted that the tribunal has committed serious error in awarding the penal rate of interest. According to him, the award dated 15.02.2019 is a kind of punitive award against the insurance company. Mr. Gautam, learned counsel has strenuously argued that the money of the insurance company involves public exchequer, so any award must be just and reasonable and it should be in consonance with the facts and circumstances of a particular case in terms of laws which have been violated by the learned tribunal.

(3.) I have given my thoughtful consideration to the submission advanced by Mr. P. Gautam, learned counsel appearing for the respondent-insurance company. Having found that the insurance company has not preferred any appeal, I am compelled to repel all the aforesaid submissions of Mr. Gautam, learned counsel appearing for the respondent-insurance company, except the submission that the tribunal has committed an error in awarding the interest at penal rate. For clarity, in my opinion, in absence of any appeal, the submission as advanced by Mr. Gautam, learned counsel for the respondent-insurance company cannot be entertained except the penal rate of interest.