Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 165 of 1999 Appellant :- National Insurance Co. Ltd. Respondent :- Smt. Noor Zahan And Others Counsel for Appellant :- S.K. Mehrotra Counsel for Respondent :- J.S. Tomar,J.S.Tomar,P.K. Asthana
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri S.K. Mehrotra, learned counsel for appellant and perused the record. Sri P.K. Asthana and Sri J.S. Tomar, Advocates for respondents are absented themselves.
2. This First Appeal From Order has been filed under Section 173 of Motor Vehicle Act, 1988 (hereinafter referred to as 'Act, 1988') by National Insurance Co. Ltd. (hereinafter referred to as 'appellant'), being aggrieved by judgment and award dated 9.11.1998 passed by the Motor Accident Claims Tribunal/IInd Additional District Judge,Rampur in M.A.C.P. No. 18 of 1994 awarding a sum of Rs.1,94,200/- along with interest @ 15% to the claimants.
3. The appeal is partly allowed on the ground that this is appeal of the year 1999 interest @ 15% could not have been granted. However, it should have been 9%.
4. Facts are not narrated as they are not necessary.
5. The fact that the Tribunal did not grant any amount under the head of future loss of income.
6. The recalculated amount would be more than what has been granted.
7. Therefore, for practical purposes, the appeal is partly allowed.
8. However, there cannot be any recovery rights. The 6% rate of interest would enure for the benefit of the claimant under the head of future loss of income.
Order Date :- 30.5.2019 Shubhankar