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2008 DIGILAW 970 (RAJ)

Nanchi v. United India Insurance Co. Ltd.

2008-04-04

R.C.GANDHI

body2008
JUDGMENT 1. - This appeal has been preferred against the award dated 25.09.2007 passed by the Motor Accident Claims Tribunal, Neem Ka Thana, District Sikar, in a Claim Petition No. 322/2005 whereby a sum of Rs. 5,95,700/- has been paid as compensation on account of death of a person aged 32 years, on the ground that the Tribunal has awarded 9% interest per annum from the date of judgment whereas the interest should be awarded from the date of filing of the claim petition. 2. Issue notice to the respondent No. 1, United India Insurance Company Ltd. Mr. Raj Pal Choudhary, learned counsel is directed to accept notice on behalf of the respondent No. 1, United India Insurance i Company Ltd. Mr. Raj Pal Choudhary, learned counsel appears and accepts notice on behalf of the respondent No. 1, United India Insurance Company Ltd. 3. Learned counsel for the parties have submitted that this appeal may kindly be taken up for final disposal and the same has been accordingly taken up. 4. Heard learned counsel for the parties and perused the record. 5. Learned counsel for the appellants has confined his arguments only to the interest point and submitted that the Tribunal has paid interest @9% per annum from the date of judgment, whereas the claimants shall be paid interest from the date of filing the claim petition. 6. On perusal of the impugned award, it is seen that the Tribunal has observed in the course of the award that in case award amount is not satisfied within one month, the claimants shall be entitled to 9% interest per annum from the date of judgment. Unless the reasons are assigned for not granting interest from the date of filing of the claim petition, the interest has to be paid from the date of filing of the claim petition. The Tribunal has not assigned any such reasons, therefore, the claimants are granted interest at the rate of 7.5% per annum as pronounced by the Supreme Court in case title Tamilnadu State Transport Corporation v. S. Rajapraya, 2005(11) TAC 305 . Therefore, the claimants are held entitled to interest @ 7.5% p.a. from the date of filing of the claim petition. 7. Appeal is allowed. The impugned award is modified to the extent indicated above.Appeal allowed. *******