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Madhya Pradesh High Court · body

1994 DIGILAW 129 (MP)

National Insurance Co. Ltd. v. Birani Bai

1994-02-15

J.G.CHITRE, S.K.DUBEY

body1994
JUDGMENT The appellant Insurance Company, aggrieved against the award passed by the Motor Accident Claims Tribunal, Shivpuri, has preferred this appeal whereby a total compensation of Rs. 21,000/- in three heads has been awarded. Respondent No. 1 suffered amputation of three phalanxes of the right foot. The claimant/respondent has filed cross-objection and has made a prayer for enhancement of the award. During the course of hearing, Shri R.D. Goyal offered that if the total compensation is enhanced to Rs. 26,000/- and the interest is awarded at the rate of 12% per annum from 29.4.1985 on the said amount when the appellant Company was impleaded as a party, the claimant/respondent would be satisfied. To that, Shri Malhotra has no objection. In the circumstances, we dispose of this appeal by modifying the award in the following manner: i) In all the heads, the claimant/respondent No. 1 shall be entitled to Rs. 6,000/- as compensation towards the injuries received by her arising out of the motor accident. ii) The claimant shall also be entitled on the said amount to interest at the rate of 12% per annum from 29.4.1985. The total amount shall be deposited by the appellant Company, of course, after making deduction if already the Insurance Company has paid or deposited any amount. The appellant Insurance Company shall also pay the costs of this appeal before this Court and claims case before the Tribunal, which we fix in all at Rs. 1,000/-. The total amount shall be deposited by the appellant Insurance Co. within a period of six weeks, failing which the amount of Rs. 26,000/- shall carry interest at the rate of 18% per annum. In the aforesaid manner, the award of the Tribunal stands modified. The appeal of the Insurance Company is dismissed and the cross-objections of the claimant are partly allowed.