Delhi High Court
New India Assurance Co. Ltd vs Vikram Sharma & Ors on 19 July, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:19th July, 2012
+ MAC. APP. No.437/2012
NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through: Mr. K.L. Nandwani, Advocate
Versus
VIKRAM SHARMA & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is directed against a judgment dated 25.01.2012
passed by the Motor Accident Claims Tribunal(the Claims
Tribunal) in a Petition under Section 163-A of the Motor
Vehicles Act, 1988 (the Act) whereby a compensation of
`4,52,000/- was awarded for the death of Smt. Lokesh who was
alleged to be working as a vegetable vendor at the time of the
accident.
2. The ground of challenge is that there was a discrepancy with
regard to the deceased's age as also with regard to the age of the
Claimants in the two ration cards and that the grant of interest
@ 9% per annum on the award on compensation was excessive
and exorbitant.
3. Along with the Appeal, an Application under Order 41 Rule 27
has also been filed to lead additional evidence to prove that the
age of the deceased was 50/51 years as against 40 years taken
by the Claims Tribunal on the basis of the ration card placed
during inquiry before the Claims Tribunal.
4. The Claims Tribunal in the absence of any evidence as to the
deceased's income assumed that the income as per the
minimum wages and awarded the compensation as per the
structured formula given in Schedule II to the Act. The
deceased's age was taken as 40 years not only on the basis of
the ration card but also on the post mortem report which gave
the age of the deceased to be 40 years. In the circumstances, it
would not be appropriate to interfere with the award on the
ground that the age of the deceased was not taken correctly.
5. It was urged that the interest on the award amount granted @
9% was excessive and exorbitant. The contention raised is
totally misconceived. Normally, the Claims Tribunal and the
Courts in Motor Accident Claims cases grant interest as per the
bank rate of interest prevalent at the time on long-term fixed
deposits. This accident took place in the year 2008 and the
Claim Petition came to be decided in the year 2012. During this
period, the rate of interest for long-term deposits were in the
vicinity of 8 to 9.5% per annum. Thus, the Claims Tribunal was
very conservative in granting the interest @ 9% per annum.
Thus, the interest awarded cannot be said to be exorbitant and
excessive.
6. The impugned judgment does not call for any interference. The
Appeal is devoid of any merit; it is dismissed in limine.
7. CM. APPL. No.7302/2012 and 7300/2012 stand disposed of.
8. The statutory amount, if any, deposited shall be refunded to the
Appellant Insurance Company.
9. No costs.
(G.P. MITTAL)
JUDGE
JULY 19, 2012
pst
