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2021 DIGILAW 2360 (RAJ)

United India Insurance Company Limited v. Multanaram

2021-12-17

SUDESH BANSAL

body2021
JUDGMENT Sudesh Bansal, J. - This appeal is filed by the Insurance Company, assailing the judgment and award dated 16.12.2019 passed in favour of the respondents-claimants granting a compensation of Rs. 5 lacs with interest @ 9% per annum with effect from date of filing of the claim petition i.e. 19.9.2014 till the actual payment. 2. The presence of respondent No.3 being owner of the vehicle is not required to decide this appeal. 3. The counsel for the appellant submits that the Tribunal has awarded interest on the compensation amount @ 9% per annum which is on higher side and it should be 6% per annum. Another argument about the validity of licence of the driver has also been raised. 4. However, considering the findings of the Tribunal, the argument about the validity of licence does not hold water and same stands turned down. 5. As far as the award of interest @ 9% per annum is concerned, the counsel appearing for the respondents-claimants candidly submits that the rate of interest may be reduced reasonably and whatever reasonable rate of interest is awarded in the compensation under the Motor Accident Claim Cases, be granted. 6. With the consent of both the parties, rate of interest from 09.1.2014 is reduced to 6.5% per annum. 7. Accordingly, the compensation of Rs. 5 lacs directed to be paid by the impugned judgment and award shall be payable with interest @ 6.5 percent per annum with effect from the date of claim i.e. 19.9.2014 till the actual payment. 8. The impugned judgment and award is modified accordingly. In case the appellant Insurance Company does not deposit the compensation amount with interest @ 6.5% per annum within period of eight weeks, the interest awarded by the Tribunal shall remain intact. 9. With the aforesaid observation, the appeal stands disposed of.