Application No. 27631 of 2015
IN Case :- FIRST APPEAL FROM ORDER No. - 413 of 1997 Appellant :- National Insurance Co. Ltd.
Respondent :- Rama Nand And Others Counsel for Appellant :- Ashok Kumar Srivastava,Ajay Singh Counsel for Respondent :- J.Singh
Hon'ble Sudhir Agarwal,J.
1. Heard.
2. This is an application seeking condonation of delay in filing substitution application.
3. Delay in filing substitution application is explained satisfactorily. It is hereby condoned. The application is accordingly allowed.
Order Date :- 30.5.2019 AK
Court No. - 34
Application No. 27636 of 2015
IN Case :- FIRST APPEAL FROM ORDER No. - 413 of 1997 Appellant :- National Insurance Co. Ltd.
Respondent :- Rama Nand And Others Counsel for Appellant :- Ashok Kumar Srivastava,Ajay Singh Counsel for Respondent :- J.Singh
Hon'ble Sudhir Agarwal,J.
1. Heard.
2. Allowed.
3. Let substitution be carried out during course of the date.
Order Date :- 30.5.2019 AK Case :- FIRST APPEAL FROM ORDER No. - 413 of 1997 Appellant :- National Insurance Co. Ltd.
Respondent :- Rama Nand And Others Counsel for Appellant :- Ashok Kumar Srivastava,Ajay Singh Counsel for Respondent :- J.Singh
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Ajay Singh, Advocate for appellant-Insurance Company and Sri J. Singh, Advocate for claimant-respondents.
2. This First Appeal From Order, under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as "Act, 1988"), has arisen from judgment and award dated 17.12.1996 passed by Sri Raghunath Prasad, First Additional District Judge/ Motor Accident Claims Tribunal, Mau in Claim Petition No. 20 of 1994, awarding compensation of Rs.65,000/- with 12% interest.
3. The only point pressed before this Court is that interest has been awarded by Tribunal on excessive rate of 12 per cent.
4. Recently a Division Bench of this Court in Smt. Rekha Devi & Others vs. Mohd. Arif & Others 2017(11) ADJ 4 has followed Supreme Court's judgments in Neeta Vs The Divisional Manager, MSRTC (2015) 3 SCC 590, Kalpanaraj and Others Vs Tamil Nadu State Transport Corporation (2015) 2 SCC, Shashikala and Others Vs Gangalakshmamma and Another (2015) 9 SCC 150, Surit Gupta Vs United India Insurance Company (2015) 11 SCC 457, Chanderi Devi and another Vs Jaspal Singh and others (2015) 11 SCC 703, Surit Gupta Vs United India Insurance Company (2015) 11 SCC 457 and Chanderi Devi and another Vs Jaspal Singh and others (2015) 11 SCC 703 etc. and interest has been awarded at the rate of nine per cent per annum.
5. In view thereof, appeal is partly allowed and impugned award dated 17.12.1996 is hereby modified only to the extent instead of 12 per cent, claimants shall be entitled for interest at the rate of 9 per cent per annum.
6. It is further provided that balance amount alongwith rate of interest, as directed above, shall be paid to the claimants- respondents within three months from the date of production of a certified copy of this order before it. Amount deposited at the time of filing of appeal, if not already remitted to Court below, be remitted forthwith and may be allowed to be withdrawn by claimant-respondents.
7. The record of Tribunal, if received, shall be remitted forthwith.
Order Date :- 30.5.2019 AK