UNITED INDIA INSURANCE COMPANY LIMITED Vs. KAMALA ROY

JUDGEMENT

(1.) Challenge in these two appeals being FMA No. 1450 of 2007 and FMA No. 890 of 2009 is against the judgment and award dtd. 14/6/2007 passed by the learned Judge, Motor Accident Claims Tribunal (hereinafter be referred to as the Tribunal), 11th Court, Alipore in MACC No. 99 of 2007. By the impugned judgment the learned Tribunal directed the Insurance Company i.e. United India Insurance Company Limited to pay Rs.3,96,000.00 as compensation to the claimants Smt. Kamala Roy and others and to pay interest @6% per annum on the awarded amount of money from the date of filing of the claim application on 1/7/2002 till the date of payment.

(2.) However, the learned Tribunal observed in the body of the judgment that the Insurance Company was at liberty to realise the amount of compensation of award from the owner of the offending vehicle if it was found during any independent enquiry that the insurance policy was forged.

(3.) By preferring the appeal being FMA No. 1450 of 2007 the Insurance Company assails the findings of the learned Tribunal on the ground that the learned Tribunal has erred in not recording the finding that the insurance policy produced on behalf of the claimants is a forged document. On such ground the Insurance Company in the appeal seeks setting aside of the impugned judgment and award. On the other hand, the claimants in appeal being FMA No. 890 of 2009 pray for enhancement of the compensation amount.