United India Insurance Company Ltd. v. Lalita Devi
2003-07-24
S.K.KATRIAR
body2003
DigiLaw.ai
Judgment 1. Heard Mr. N. P. Verma for the appellants and Mr. Pramod Kumar Sinha for respondent no. 1. This appeal is directed against the award dated 3.4.2000, passed by the learned 3rd. Additional District Judge-cum-Motor Accident Claim Tribunal, Begusarai, in M. V. Claim Case No. 23 of 1998 (Lalita Devi vs. United India Insurance Company and another), whereby the claim application of the claimant (respondent no. 1 herein) has been allowed, and a sum of Rs. 4,50,000/- has been awarded to the claimant with interest at the rate of 12 per cent from the date of filing of the claim application till the date of payment. 2. The short facts of the case are that Swagarath Thakur, the husband of the claimant, was carrying on profession of barber. He met with a fatal accident on 24.3.1998 at about 2.30 P.M. by a speeding vehicle, being Tata maxi BRO-BP-1714, at the main road between Khagaria and Begusarai at Pokharia Jogi Bazar, P.S. Ballia, District - Begusarai. The informant, Ram Chandra Das, along with others shifted Swagarath Thakur to the private clinic of Dr. Ramasaray Prasad, Begusarai, but seeing the precarious condition of the deceased, he advised to be taken to the Sadar hospital, Begusarai. At Begusarai Sadar hospital, the deceased breathed his last at about 5.00 P.M. on 24.3.1998. The fardbeyan of the informant was recorded at Sadar hospital, Begusarai, on the basis of which a case was registered at Ballia P.S. against the driver of Tata maxi no. BRO-BP-1714. It was stated in the claim application that the monthly income of the deceased was about Rs. 4000/- per month on which his widow (the claimant) and her 5 minor sons and daughter depended. Due to his sad demise at the age of about 26 years his dependents have become destitute and are leading a miserable life. Therefore, compensation of Rs. 5,00,000/- has been claimed with interest. 3. The parties entered appearance and contested the matter. On a consideration of the materials on record and submissions of learned counsel for the parties, the impugned award has been passed. 4. While assailing the validity of the impugned award, teamed counsel for the appellants submits that interest has been awarded at a higher rate than justified and may be reduced. 5.
On a consideration of the materials on record and submissions of learned counsel for the parties, the impugned award has been passed. 4. While assailing the validity of the impugned award, teamed counsel for the appellants submits that interest has been awarded at a higher rate than justified and may be reduced. 5. On a perusal of the impugned judgment and consideration of the submissions of learned counsel for the parties, it appears to me that the contention is well founded. Section 171 of the Motor Vehicles Act provides for award of interest in such cases, though the rates of interest have not been prescribed. In view of the prevailing rate of Bank interest and also that simple interest has to be awarded in terms of section 171 of the said Act, it appears to me that the interest of justice will be served if the interest is paid at the rate of 9 per cent from the date the claim application was filed till the date of payment. 6. In the result, this appeal is allowed in part, and the impugned award is modified in the aforesaid manner. The appellant Company is hereby directed to calculate the entire amount of compensation and paid by an account payee demand draft prepared in favour of respondent no.1 (Lalita Devi) and be handed over to Mr. Pramod Kumar Sinha, learned counsel for respondent no.1 in the High Court within a period of one month from today. The same shall be accompanied with the details of calculation. The statutory amount deposited by the appellants in this Court along with the memorandum of appeal shall be returned by an appropriate instrument in favour of the appellants and be handed over to the learned counsel for the appellants.