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2011 DIGILAW 464 (MP)

JAGANNATH v. SATISH

2011-04-18

P.K.JAISWAL

body2011
JUDGMENT : P.K. Jaiswal, J. This appeal is filed by the appellant-claimant u/s 173 of the Motor Vehicles Act, 1988 against the award dated 15.2.2011 passed by Third Member, M.A.C.T., Indore in Claim Case No. 215 of 2010. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 46,000 as compensation with interest at the rate of 6 per cent per annum w.e.f. 6.12.2008 till its actual realization. Learned counsel for the appellant submitted that as per the circular issued by the Reserve Bank of India, the appellant is entitled for interest at the rate of 9 per cent per annum, the rate of interest awarded by Claims Tribunal is on the lower side. 2. On the other hand, Mr. Upadhyaya, learned counsel for the insurance company, supported the award and the rate of interest awarded by the Tribunal and submitted that looking to the nature of injuries caused by the appellant, the amount of compensation awarded by the Claims Tribunal is just and proper and no case for enhancement of rate of interest is made out and prayed for dismissal of the appeal. 3. Section 171 of the Motor Vehicles Act, 1988 empowers the Tribunal to direct that "in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as may be specified in this behalf". Earlier, 12 per cent was found to be the reasonable rate of simple interest. With a change in economy and the policy of the Reserve Bank of India, the interest rate has been lowered. The nationalised banks are now granting interest at the rate of 9 per cent on fixed deposits for one year. The Hon'ble Supreme Court, therefore, directed that the compensation amount shall bear interest at the rate of 9 per cent per annum from the date of the claim made by the claimants [see Smt. Kaushnuma Begum and Others Vs. The New India Assurance Co. Ltd. and Others, (2001) 2 SCC 9 ]. 4. Taking into consideration the law laid down by the Apex Court in the case of Smt. Kaushnuma Begum and Others Vs. The New India Assurance Co. The New India Assurance Co. Ltd. and Others, (2001) 2 SCC 9 ]. 4. Taking into consideration the law laid down by the Apex Court in the case of Smt. Kaushnuma Begum and Others Vs. The New India Assurance Co. Ltd. and Others, (2001) 2 SCC 9 , the claimant is entitled to compensation awarded and in addition to the same, simple interest at the rate of 9 per cent per annum from the date of application till its realization instead of paying it w.e.f. 6.12.2008. With the aforesaid, the appeal is partly allowed without any order as to costs. Appeal partly allowed.