Smt Pushplata & Ors vs Sh Suresh & Ors.
2015 Latest Caselaw 3676 Del

$~25
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                Date of decision: 6th May, 2015
+        MAC.APP. 1037/2013
         SMT PUSHPLATA & ORS                             ..... Appellants
                      Through:          Mr. M.K. Singh, Adv.

                            versus

         SH SURESH & ORS.                                 ..... Respondents
                       Through:         Mr. Dinesh Kumar Adv. for R-1 &
                                        R-2.
                                        Mr. L.K. Tyagi, Adv. for R-3.
         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL

G. P. MITTAL, J. (ORAL)

CM APPL.14277/2014 (Restoration)

For the reasons as stated in the application, the same is allowed. The

appeal is restored to its original number.

The application stands disposed of.

MAC.APP. 1037/2013

1. With the consent of the parties, the matter is taken up for final

disposal.

2. The appeal is directed against the judgment dated 22.08.2013 passed

by the Motor Accident Claims Tribunal (the Claims Tribunal)

whereby compensation of Rs.46,49,625/- was awarded in favour of the

Appellants for the death of Ajit Kumar Lal, who suffered fatal injuries

in a motor vehicular accident which occurred on 12.10.2011.

3. The only ground raised by the learned counsel for the Appellants is

that the Claims Tribunal while awarding compensation did not grant

any interest.

4. It goes without saying that interest is awarded to the victim or legal

representatives of the deceased in case of death to compensate

him/her/them for loss of money during pendency of the proceedings

and the compensation is granted on the basis of the income of the

victim on the date of the accident.

5. The Claims Tribunal, therefore, ought to have awarded interest in this

case as well. It seems that this was only an omission on the part of the

Claims Tribunal not to award interest.

6. In view of this, the appeal is allowed. The Appellants shall be entitled

to interest @ 8% per annum from the date of filing of the petition till

the amount is deposited by the Respondent Insurance Company.

7. Respondent Insurance Company is directed to deposit the amount of

interest as stated earlier within six weeks.

8. The interest awarded shall be equally shared amongst all the five

Appellants.

9. Pending applications, if any, also stand disposed of.

(G.P. MITTAL) JUDGE MAY 06, 2015 vk