Gauhati High Court
National Insurance Co. Ltd vs Miss Anindita Saikia And 3 Ors on 24 February, 2021
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GAHC010070092019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1128/2019
NATIONAL INSURANCE CO. LTD.
A CO. REGISTERED AND INCPRPATED UNDER THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET, KALKATA
AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, BHANAGAGARH,
GUWAHATI, REPRESENTED BY ITS REGIONAL MANAGER, GUWAHATI,
ASSAM.
VERSUS
MISS ANINDITA SAIKIA AND 3 ORS
D/O LATE MAHENDRA SAIKIA, R/O NAGAON TOWN, NORTH
HAIBORGAON, BANK COLONY, P.S. NAGAON, P.O. HAIBORGAON, DIST.
NAGAON, ASSAM.
2:MISS NIMINIA SAIKIA
D/O LATE MAHENDRA SAIKIA
R/O NAGAON TOWN
NORTH HAIBORGAON
BANK COLONY
P.S. NAGAON
P.O. HAIBORGAON
DIST. NAGAON
ASSAM.
3:MISS JASHASHREE SIKHA SAIKIA
D/O LATE MAHENDRA SAIKIA
R/O NAGAON TOWN
NORTH HAIBORGAON
BANK COLONY
P.S. NAGAON
P.O. HAIBORGAON
DIST. NAGAON
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ASSAM.
4:MASTER KINGSHUK KRINJAL SAIKIA
S/O LATE MAHENDRA SAIKIA
R/O NAGAON TOWN
NORTH HAIBORGAON
BANK COLONY
P.S. NAGAON
P.O. HAIBORGAON
DIST. NAGAON
ASSAM
Advocate for the Petitioner : MRS. S ROY
Advocate for the Respondent : MR. B J MUKHERJEE
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 24.02.2021
Heard Ms. I. Das, learned counsel for the applicant. Also heard Mr. B.J. Mukherjee,
learned counsel for the opposite parties.
2. This is an application under section 152 CPC for modification of the order dated
08.06.2018 passed in Review Petition No.37/2017 granting interest @ 6% p.a. as per the
award passed by the learned Tribunal.
3. The learned counsel for the petitioner submits that the learned Tribunal had
granted interest @ 6% p.a. from the date of the order and the date of the order was
10.07.2009. However, this Court in the order dated 08.06.2018 had indicated that " the
learned Member, MACT, Nagaon had also awarded interest on the award from the date of
filling of the claim petition". This appears to be an incorrect recording of facts by this Court.
In fact, as per the judgment and award dated 10.07.2009, interest was allowed from the date
of the order.
4. At this stage, the learned counsel for the opposite parties placed reliance in the
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case of Kajal Vs. Jagdish Chand, Civil Appeal No.735/2020, decided on 05.02.2020 by the
Supreme Court of India. The relevant paragraph 31 is quoted below:
"31.The High Court enhanced the amount of compensation by Rs.14,70,000/ and
awarded interest @ 7.5% per annum but directed that the interest of 7.5% shall be
paid only from the date of filing of the appeal. This is also incorrect. We are
constrained to observe that the High Court was not right in awarding interest on the
enhanced amount only from the date of filing of the appeal. Section 171 of the Act
reads as follows:
"171. Award of interest where any claim is allowed.--Where any Claims Tribunal
allows a claim for compensation made under this Act, such Tribunal may direct
that in addition to the amount of compensation simple interest shall also be
paid at such rate and from such date not earlier than the date of making the
claim as it may specify in this behalf."
Normally interest should be granted from the date of filing of the petition and if in
appeal enhancement is made the interest should again be from the date of filing of
the petition. It is only if the appeal is filed after an inordinate delay by the claimants,
or the decision of the case has been delayed on account of negligence of the claimant,
in such exceptional cases the interest may be awarded from a later date. However,
while doing so, the tribunals/High Courts must give reasons why interest is not being
paid from the date of filing of the petition. Therefore, we direct that the entire amount
of compensation including the amount enhanced by us shall carry an interest of 7.5%
per annum from the date of filing of the claim petition till payment/deposit of the
amount."
5. In this case, it is noted from the judgment and award passed by the learned
Tribunal that the date of evidence is recorded as 03.01.2008, 08.05.2008, 27.03.2008 and
21.11.2008 and the date of argument is recorded as 16.06.2009 and 26.06.2009. Under such
factual background, the learned Tribunal had granted interest from the date of the judgment.
From the record, it emerges that the opposite parties had not filed any cross-objection as
regards applicability of interest from the date of filing of the claim petition. It also appears
that the said point is not even urged in MAC Appeal No.105/2009 and while hearing Review
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Petition No.37/2017. Hence, it is found that the opposite parties have acquiesced to the grant
of interest from the date of passing of judgment and award by the learned Tribunal.
Accordingly, it is presumed that the delay in recording of evidence about 6 (six) years is
attributable to the opposite parties. Accordingly, the prayer made for calculation of interest
from the date of the filing of claim petition deserves to be and is hereby rejected.
6. Accordingly, the prayer for correction of the order dated 08.06.2018 in Review
Petition No.37/2017 stands allowed and the following words " the learned Member, MACT,
Nagaon had also awarded interest on the award from the date of filing of the claim petition "
stands amended and/ or corrected so as to read as follows- " the learned Member, MACT,
Nagaon had also awarded interest on the award from the date of passing of the award ".
7. This order shall be read conjointly with the order dated 08.06.2018 in Review
Petition No.37/2017.
8. The applicant is now directed to calculate the interest from the date of the award
and deposit the interest amount before the Registry of this Court within a period of 2 (two)
weeks from today.
JUDGE
Comparing Assistant
