United India Insurance Company Limited v. Manjura Devi
2003-04-18
AMARESHWAR SAHAY, GURUSHARAN SHARMA
body2003
DigiLaw.ai
JUDGMENT By Court.-Kisto Prasad Modi died on 17.6.1996. While going on by-cycle he was dashed by a truck, bearing registration no. WG.A. 5998. 2. In Title (M.V.) Suit No. 83 of 1996, filed by the dependents of the deceased, under Section 166 of the Motor Vehicles Act, 1988, it was found that the accident took place on account of fault of driver of the truck. 3. The said truck at the relevant time was duly insured with the United India Insurance Company Ltd. 4. The tribunal assessed a total sum of Rs. 1,89,000/-, including the amount for the loss of consortium and loss of estate, payable to the claimants. It also awarded interest @ 12% per annum on the award amount from the date of institution of the claim case till payment. 5. Against the said award, the insurer of the vehicle involved in the accident has preferred the present appeal under section 173 of the Act. 6. Mr. Lal, counsel for the appellant submitted that in the charge sheet submitted in the criminal case filed for theaccident against the driver, his name was shown as Tapan Kumar Pandit son of Mangli Ram Pandit whereas in the driving license (Exhibit 4) his name was shown as Paban Kumar Pandit, son of M.R. Pandit and so the driving license was forged one. We find no substance in this submission. It is true that there is difference in the name of the driver in the claim application and in the charge-sheet on the one hand and in the driving license on the other, but his father's name and address are everywhere the same. Hence, it cannot be said that the driving license (Exhibit 4) was a forged one. 7. Mr. Lal also challenged the quantum of compensation assessed by the tribunal on account of the use of a wrong multiplier and prayed to reduce the same. We are afraid that the appellant has the locus standi to question the quantum of compensation in the present appeal. In this regard a reference may be made to a decision of the apex Court in National Insurance Company Private Limited vs. Nicolletta Rohtagi and others ( AIR 2002 SC 3350 ). 8.
We are afraid that the appellant has the locus standi to question the quantum of compensation in the present appeal. In this regard a reference may be made to a decision of the apex Court in National Insurance Company Private Limited vs. Nicolletta Rohtagi and others ( AIR 2002 SC 3350 ). 8. However, applying the ratio of the decision in Smt. Kaushnuma Begum vs. The New India Assurance Company limited [2001 (1) JLJR 322 (SC)), we reduce the rate of interest from 12% to 9% per annum. 9. Accordingly, with the aforesaid modification in the impugned judgment and award in respect of the rate of interest only, the appeal is disposed of. 10. The statutory amount of compensation of Rs. 25,000/- deposited by the appellant by Challan No. J. 37 dated 19.7.1999 in this appeal under proviso to section 173 is transferred to the tribunal to be paid to the claimants along with the balance amount of award with interest.