LAWS(CAL)-2007-12-7

NATIONAL INSURANCE CO LTD Vs. TAPAS KUMAR GHOSH

Decided On December 13, 2007
NATIONAL INSURANCE CO. LTD. Appellant
V/S
TAPAS KUMAR GHOSH Respondents

JUDGEMENT

(1.) THIS appeal challenging the judgment and order of the learned Judge of Motor Accidents claims Tribunal, Hooghly passed in M. A. C. Case No. 63 of 1987 has been preferred by national Insurance Co. Ltd.

(2.) AT the time of hearing of this appeal, mr. K. K. Das, appearing for the appellant insurance company has made his submission in support of the appeal but no one has appeared on behalf of the respondents and hence, we are disposing of this appeal after considering the submissions of the learned advocate for the insurance company and after considering the materials placed before us.

(3.) IT appears from the judgment and order of the learned Tribunal that while on disposing of the claim application preferred by the respondents-claimants, the tribunal directed the insurance company to pay a sum of Rs. 50,000 less interim compensation, if paid along with 6 per cent interest payable from the date of application till payment is made. The learned tribunal further directed that the above payment is required to be made within 45 days from the date of passing of the order and if the insurance company fails to pay the amount so awarded with interest at the rate of 6 per cent per annum within 45 days from the date of the order, the insurance company will have to pay interest at the rate of 12 per cent per annum after expiry of 45 days till the date of payment.