National Insurance Company Ltd. v. Shiv Shankar Singh
2007-08-13
DHANANJAY PRASAD SINGH, DILIP KUMAR SINHA
body2007
DigiLaw.ai
ORDER 1. Both the appeals arising out of common judgment and award by 1st Additional District Judge-cum-M.V. Act, Jamshedpur in Compensation Case No. 77 of 1992 on 19.4.2004 have been taken up together with consent of the parties. 2. Brief facts leading to these appeals are that one Jyotirmoy Choudhary met with an accident on 13.6.1992 on NH 33 while he was driving his ambassador car bearing registration No. BHN 5414 then Truck bearing registration No. WGB 5229 coming from opposite side in high speed dashed the car. The said truck was insured by the appellant in M.A. No. 192 of 2004. The National Insurance Company Limited, Midnapur, West Bengal. The appellant in M.A. No. 167 of 2004 Jyotirmoy Choudhary had to undergo a prolonged treatment for the grievous injuries including various fracture on his body. The treatment is still continuing for which the appellant in M.A. No. 167 of 2004 had to incur heavy expenses detailed in the claim petition and present memorandum of appeal. 3. The factum of accident, subsequent treatments and rash and negligent driving by the truck driver is not under dispute in these appeals. The learned claim tribunal has awarded a sum of Rs. 12,28,000 (Twelve lakhs twenty eight thousands) under different heads with interest of 8% per annum from 25.7.2000. 4. The petitioner as the appellant in M.A. No. 17 of 2004 challenged this award on the grounds that the law provides for interest on the amount of award from the date of accident. According to Sri Choudhary when the original claim petition has been restored on 25.7.2000, the interest should be payable from 13.6.1992. The petitioner-appellant has further claimed that the amount of expenses incurred by the petitioner during his treatment has not been properly assessed by the tribunal. Therefore, the award may be enhanced suitably to provide the petitioner-appellant sufficient amount to maintain himself. 5. As against this the appellant in M.A. No. 192 of 2004, National Insurance Company has challenged this award on the grounds that the assessment of the expenses, loss and suffering etc. is highly exaggerated. It is also asserted that the rate of interest was high and required to be reduced because the claim remained pending for nearly 12 years due to latches on part of the claimant. 6.
is highly exaggerated. It is also asserted that the rate of interest was high and required to be reduced because the claim remained pending for nearly 12 years due to latches on part of the claimant. 6. However, during course of argument-learned Counsels for both sides agreed that the award may be reduced to the extent of Rs. 2.28 lakhs from the amount of award of Rs. 12.28 lakhs as item Nos. 5 and 7 appears to be superfluous. Learned Counsels further agreed that in the facts of this case the rate of interest assessed at 8% per annum is not excessive. 7. We have further gone through the materials on record and find that the award may be adequate at Rs. 10.0000/- (Rupees Ten lakhs), after deduction of the amount specified at item Nos. 5 and 7 therefrom and appears to be reasonable and justified. We further find and hold that the interest is admissible from the date of accident i.e. from 13.6.1992 excluding the period when the petition remained dismissed for default for nearly one and half years. Therefore the award dated 19.4.2004 stands modified to that extent with direction to pay Rs. 10,0000/- to the appellant in M.A. No. 167 of 2004 along with interest from 13.6.1992 till it is paid with interest at the rate of 8% per annum excluding the period when the petition remained dismissed for default for one and half years. 8. Accordingly, both these appeals are disposed of with consent of the learned Counsels and the National Insurance Company is directed to pay entire amount within two months along with interest of 8% per annum to the appellant in M.A. No. 167 of 2004. The appellant in M.A. No. 167 of 2004 is directed to fix 60% of the amount received by him in long term Fixed deposit to ensure that he gets regular income by way of the interest for his maintenance in future. In this manner both the appeals are disposed of but without costs.