ORIENTAL INSURANCE COMPANY LTD. v. KUMARI CHHABI SAHU
1999-02-16
P.K.MISRA
body1999
DigiLaw.ai
JUDGMENT : P.K. Misra, J. - The Insurance Company has filed this appeal against the award passed by the Motor Accident Claims Tribunal awarding a sum of Rs. 80,000/- as compensation. The Claims Tribunal has directed that the said amount shall be paid with interest of six per cent from 30.11.1988, that is to say, the date of claim application. It was further directed that if the Insurance Company fails to pay the aforesaid amount within three months, it shall be liable to pay penal interest at the rate of 12 per cent per annum from 30.11.1998 till realisation. 2. Claimant-respondent No. 1 sustained injuries in an accident involving the motor vehicle belonging to original respondent No. 2. It has been found that the accident occurred due to rash and negligent driving of the driver of the vehicle. It has been further found that the claimant-respondent sustained several injuries including head injury. The learned Counsel for the appellant contended that the matter should be remanded to the Claims Tribunal as there is no evidence in support of the nature of injuries sustained by the claimant. 3. He has also challenged the finding of the Tribunal regarding the alleged negligence in the matter of driving of the vehicle. The learned Counsel for the appellant also contended that the direction regarding payment of penal interest from a retrospective date is not contemplated and has been frowned upon by the Division Bench of this Court. 4. The learned Counsel for claimant-respondent No. 1 submitted that the finding of the Tribunal relating to negligence is based on material on record and there is no scope for interference with such finding in an appeal at the instance of the Insurance Company. He has also submitted that though the doctors have not been examined, the discharge certificate has been produced to show the nature of injuries. It was further submitted that the claim application was filed in the year 1988 and the appeal is pending since 1992 and at this stage if the matter is remanded for fresh disposal, the claimant would be further harassed. He, therefore, suggested that instead of remanding the matter, the present appeal may be disposed of finally in the spirit of Lok Adalat. 5. It appears that out of the awarded amount of Rs. 80,000/-, a sum of Rs.
He, therefore, suggested that instead of remanding the matter, the present appeal may be disposed of finally in the spirit of Lok Adalat. 5. It appears that out of the awarded amount of Rs. 80,000/-, a sum of Rs. 25,000/ - has been deposited in this Court which has been invested in a fixed deposit. Remanding the matter at this stage would result in lingering of the case further. It has been observed by a Division Bench of this Court that direction regarding payment of penal interest from a retrospective date is not contemplated. Having regard to all these aspects, I think interest of justice would by served by modifying the award and giving the following directions: (i) The sum of Rs. 25,000/- invested in fixed deposit till 3.11.1999 shall be paid alongwith accrued interest to claimant-respondent No. 1 after expiry of the fixed deposit by way of account payee cheque; (ii) A further sum of Rs. 45,000/- alongwith interest at the rate of six per cent per annum from the date of the claim application shall be paid by the Insurance Company by 15th March, 1999. However, if this amount is not paid by 15th March, 1999, the same shall carry interest at the rate of 12 per cent thereafter; (iii) The sum of Rs. 45,000/- shall be kept in fixed deposit for five years with permission to withdraw quarterly interest; (iv) The interest on Rs. 45,000/- payable as directed above shall be paid to claimant-respondent No. 1 by way of account payee cheque. 6. Subject to the aforesaid modification, the appeal is disposed of. There will be no order as to costs. 7. A copy of this order be handed over to Counsel for the appellant for information and compliance.