Prajakta Wd/O Rupesh Karwade And ... vs Rajendra S/O Daulatrao Meshram ...
2016 Latest Caselaw 1506 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR




                                                                                     
                                                             
                                   FIRST APPEAL NO. 69 OF 2016


     1]         Prajakta wd/o Rupesh Karwade,




                                                            
                aged 32 years, Occ. Household.

     2]         Aboli D/o Rupesh Karwade,
                aged 9 years, Occ. Student,




                                              
     3]         Pramila w/o Marotrao Karwade,
                             
                aged 63 years, Occ. Household,

     4]         Marotrao s/o Chaitram Karwade (dead)
                            
                All R/o. 14, Ajani Colony,
                Behind Ajit Bakery, Nagpur.
                Appellant No.2 being minor through
      

                guardian Appellant No.1.                              APPELLANTS
   



                                       ...VERSUS...

     1]         Rajendra s/o Daulatrao Meshram,
                aged Major, Occ. Not known





                R/o. Flat No. 101, Sidheshwar Apart.
                Plot No. 14, Near Baseshwar Putala,
                New Subhedar Layout, Nagpur.

     2]      National Insurance Co. Ltd.,





             through Branch Manager,
             Firdos Chamber, Panchsheel 
             Cinema Chouk, Wardha Road,
             Nagpur                                                    RESPONDENTS
     -------------------------------------------------------------------------------------------
     Shri V.A.Patait, Advocate for appellant.
     None for Respondent no. 1
     Smt. S.P.Deshpande, Advocate, for Respondent No.2
     -------------------------------------------------------------------------------------------
                              CORAM: R. K. DESHPANDE, J.

th DATE : 13 APRIL, 2016 .

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     ORAL JUDGMENT




                                                                                      
                               Admit.




                                                              

Heard finally by consent of the learned counsels

appearing for the parties.

2] The Motor Accident Claims Tribunal has passed

an award in Claim Petition No. 34 of 2007 on 29.01.2014,

awarding compensation of Rs.7,45,000/- inclusive of 'no fault

liability' of Rs.50,000/-. The owner of the vehicle and the

Insurance Company are held jointly and severally liable to

pay the said amount along with interest at the rate of 7.5%

per annum from the date of the award i.e. 29.01.2014 till the

payment.

3] The challenge in this appeal is limited to the

grant of interest from the date of passing of the award. It is

urged that the Tribunal should have granted the interest at

the rate of 7.5% per annum from the date of filing of the

petition i.e. 10.01.2007 and not from the date of passing of

the award.

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              4]               The learned counsel appearing for the Insurance




                                                                                     

Company has urged that it is the discretion conferred upon

the Tribunal to grant the interest either from the date of

passing of the award or from the date of filing of the

application under Section 166 of the Motor Vehicles Act.

According to her, the Tribunal has exercised the discretion in

granting the rate of interest from the date of passing of the

award, which is legal and proper.

5] The point is no longer res integra in view of the

decision of this Court in the case of Shashikant Jaikumar

Makhe and another vrs. Shantabai Ramswarup Sarda and

another reported in 2008 (1) Mh.L.J 957. This court has held

that though it is the discretion of the Tribunal to grant interest

either from the date of filing of the application or from the

date of passing of the award, the normal rule is that the

interest should be awarded from the date of filing of the

application unless there are circumstances suggesting

protraction. Perusal of the order passed by the Tribunal

nowhere indicate any circumstances suggesting such

protraction. Hence, the order passed by the Tribunal needs

to be modified to that extent.

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               6]              In the result, the appeal is allowed.   The award




                                                          

passed by the Motor Accident Claims Tribunal is modified

and it is held that the claimants shall be entitled to interest

from the date of filing of the application i.e. 10.01.2007. The

rest of the award shall remain intact. No order as to costs.

                              ig                                   JUDGE
                            
     Rvjalit