R. Renju, D/O. Late Unnikrishnan Nair v. Kanu Das, S/O. Late Debendra Ch. Das
2017-06-15
T.VAIPHEI
body2017
DigiLaw.ai
JUDGMENT & ORDER : This proceeding of a disposed of appeal, on reference from the Lawazima Court, has been necessitated by the application dated 28-4-2017 filed by the appellants for directing the respondent No. 2 (United India Insurance Co. Ltd.) to deposit with this Registry the interest for the period commencing from 29-5-2013 to 5-4-2017, which, according to them, has now become due for payment. 2. It may be recalled that the original appeal was disposed of by the judgment of this Court dated 29-5-2013 by awarding a compensation of Rs.4,19,952/-. It would appear that after the said judgment was passed, an application was filed by the legal heirs informing this Court that the claimant (Late Unnikrishnan Nair) had died before arguments were heard in the appeal. This Court then by the order dated 18-3-2014 allowed the legal heirs of the deceased to be brought on record and at the same time recalled the judgment dated 29-5-2013. At this stage, it may also be noted that the amount awarded by the Tribunal with which grievance was made in the appeal was Rs.1,99,952/-. Coming back to the current issue, this Court, after re-hearing the parties, passed the judgment dated 11-4-2014 enhancing the compensation payable to the appellants from Rs.1,99,952/- to Rs.3,09,952 together with an interest @ 6% per annum with effect from the date of filing the claim petition within four months. In compliance with this direction, the insurer deposited Rs.5,11,334/- through account payee cheque dated 10-1- 2014 of HDFC Bank. 3. According to Mr. A. Nandi, the learned counsel for the appellants, the money so deposited, i.e. Rs.5,11,334/- by the insurer was made in terms of the earlier judgment dated 29-5-2013 which was recalled and not in terms of the judgment dated 11-4-2014, but the appellants are entitled to get compensation in terms of the judgment dated 11-4-2014 with the accrued interest. Moreover, submits Mr. Nandi, the learned counsel, the insurer never intimated the appellants about the deposit made by them and they came to know about it only on 5-4-2017 when it was disclosed for the first time in Court by the insurer by making a prayer for refund of excess amount deposited by them. He, therefore, submits that the appellants are entitled to further interest with effect from the date of accident 29-5-2013 till 5-4-2017 when such deposit was made known to them by the insurer.
He, therefore, submits that the appellants are entitled to further interest with effect from the date of accident 29-5-2013 till 5-4-2017 when such deposit was made known to them by the insurer. Refuting the claim of the learned counsel for the appellants, Mr. A. Gon Choudhury, the learned counsel for the insurer, contends that the claim of further interest is plainly misconceived and unjustified inasmuch the deposit was duly intimated to the learned counsel for the appellants on 29-1-2014 and the question of payment of further interest after 29-1-2014, under such circumstances, does not arise. On the contrary, he points out that by calculating interest @ 6% per annum on the enhanced amount, i.e. Rs.1,10,000/- with effect from 4-2-1999 to 18-2-2014, the total liability of the insurer worked to be to Rs.2,09,253/- with the result that it had deposited an excess of Rs.3,02,081/- (Rs.5,11,334- Rs.2,09,253= Rs.3,02,081) with the Registry. He, therefore, strenuously urges this Court to direct refund of this excess amount to the insurer. 4. On comparative reading of the judgment date 11-4-2014 and after giving my anxious consideration to the submissions advanced on behalf of the learned counsel appearing for the parties, I have no hesitation to hold that the calculation made by the insurer on the total amount of compensation payable to the appellant does not appear to be correct. The interest calculated @ 6% per annum has to be necessarily worked out with reference to the enhanced amount of Rs.1,10,000/- with effect from the date of the claim petition till the date of the deposit normally. Though the deposit was made by the insurer on 29-1-14, but it is the contention of the appellants that they were not intimated about this; the appellant, who were in need of the money, would have immediately applied for release of the deposited amount had they/their counsel been duly intimated about this immediately. According to the learned counsel for the appellants, the appellants are, therefore, entitled to interest from the date of filing the claim petition till 5-4-2017 when they through their counsel came to know about it. In the absence of acceptable evidence to show that either the appellants or their counsel actually were intimated on 5-4- 2017 or had the knowledge about the deposit, I find force in the contention of the learned counsel for the appellants.
In the absence of acceptable evidence to show that either the appellants or their counsel actually were intimated on 5-4- 2017 or had the knowledge about the deposit, I find force in the contention of the learned counsel for the appellants. From the application dated 5-4-2014 addressed to the Registrar General by the insurer, there is nothing to suggest that one S. Chakraborty, who received the copy of the application purportedly on behalf of Mr. A. Nandi, actually intimated about the deposit of the cheque with the Registry to the said A. Nandi. Be that as it may, I am of the view that to put a quietus to this unfortunate claim petition and for the ends of justice, which is yet to be terminated even after 18 years, irrespective of the claims and counter-claims of the parties, it will be just and expedient to direct the insurer to deposit a further amount of Rs.2,30,000/- (Rupees two lakhs and thirty thousand) only as full and final settlement of all the disputes pending between parties arising out of this unfortunate vehicular which took place some 18 years ago. 5. The Registry shall now deduct a sum of Rs.2,30,000/- from the sum of Rs.5,11,334/- already deposited by the insurer for payment to the appellants. The remaining amount of Rs.2,81,334/- (Rupees two lakhs eighty-one thousand three hundred and thirty four) only, i.e. Rs.5,11,334- Rs.2,30,00= Rs.2,81,334/- shall be refunded to the insurer forthwith. As for the interest accrued on the deposited amount of Rs.5,11,334/- heretofore, the Registry is directed to pay the same to the High Court Bar Association and the Bar Council of Tripura in equal share.