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Jharkhand High Court · body

2013 DIGILAW 1208 (JHR)

Tara Devi v. Branch Manager, National Insurance Co. Ltd, Bokaro

2013-11-11

D.N.UPADHYAY

body2013
ORDER This appeal has been preferred by the claimants for enhancement of the amount of compensation in connection with MV Claim Case No. 69 of 2003 awarded by the 1st Addl. District cum Motor Vehicles Claim Tribunal, Bermo at Tenughat. 2. Heard the counsel for the parties. 3. It is submitted that the appellant no.1 is the wife of the deceased and respondents 2 to 4 are minor children represented through appellant no.1. The mother of the deceased has been made respondent no.4 and she has not come up for enhancement of the claim amount paid to her, nor she has appeared before this Court. 4. It is submitted that the learned tribunal has awarded the amount, but interest has not been paid from the date of filing of the claim application; rather, interest @ 7½% has been directed to be paid to the claimant(s), if the awarded amount is not paid within two months from the date of the impugned order. 5. Learned counsel for the insurance Company has opposed the argument. 6. In course of arguments, learned counsel for the present appellants has agreed to receive a sum of rupees two lakhs in addition to the amount already paid to them in view of the award passed by the learned tribunal, if the additional amount is paid on or before the 23.11.2013 when Lok Adalat is scheduled to be held. 7. I have gone through the impugned judgment from which it appears that the tribunal has not directed to pay interest on the awarded amount. 8. Considering all these aspects of the matter and without going into the merits of the case, I feel inclined to direct the respondent insurance Company to pay a lumpsum of rupees two lakhs to the claimant - appellant no.1 (since appellant 2 to 4 are represented through their natural guardian - appellant no.1) in addition to the compensation already awarded. The cheque for the said sum of rupees two lakhs drawn in favour of the appellant shall be deposited with the Secretary, High Court Legal Services Committee, on or before 22.11.2013, so that the cheque against the additional amount of compensation shall be paid to the claimant-appellant no.1 in the Lok Adalat on 23.11.2013. 9. With the above modification in the judgment and award, this appeal is partly allowed. 10. 9. With the above modification in the judgment and award, this appeal is partly allowed. 10. Learned counsel for the appellants is directed to communicate this order to the claimant/ appellant no.1, so that she may remain present in the Lok Adalat on 23.11.2013 to receive the cheque. 11. Let a copy of this order be given to the counsel for the insurance company, so that the order is complied with.