Jharkhand High Court
Mamta Rani vs Rajiv Kumar Choudhary on 5 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Miscellaneous Appellate Jurisdiction]
M.A. No. 506 of 2018
1.Mamta Rani
2.Sumati Devi
3.Mukund Mahto
4. Ramnika Kumari
5.Krishna Kumar Swaraj .... .. ... Appellant(s)
Versus
1.Rajiv Kumar Choudhary
2.M/s National Insurance Company Limited
3.Raj Kumar Sahani .. ... ... Respondent(s)
With
M.A. No. 559 of 2018
M/s National Insurance Company Limited, Bokaro
.... .. ... Appellant(s)
Versus
1.Mamta Rani
2.Sumati Devi
3.Mukund Mahto
4. Ramnika Kumari
5.Krishna Kumar Swaraj
6.Rajiv Kumar Choudhary
7. Raj Kumar Sahani .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant(s) : Mr. Rajiv Anand, Advocate [M.A. 506/2018]
Mr. Manish Kumar, Advocate. [M.A. 559/2018]
For the Respondent(s) : Mr. Manish Kumar, Advocate. [M.A. 506/2018]
Mr. Rajiv Anand, Advocate [M.A. 559/2018]
Mr. Shashank Shekhar, Advocate [M.A. 559/2018]
Mr. Chanchal Jain, Advocate [M.A. 559/2018]
..........
04 / 05.04.2021. Since both the aforesaid Misc. Appeals are arising out of a
common impugned award, as such, both are being heard together and
disposed of by this common judgment.
Heard, learned counsel for the parties.
M.A. No. 506 of 2018 has been preferred by the claimants, 1.Mamta
Rani, 2.Sumati Devi, 3.Mukund Mahto, 4. Ramnika Kumari and
5.Krishna Kumar Swaraj for enhancement of the impugned award dated
23.05.2018 passed by learned Principal District Judge-Cum-Motor
Accident Claim Tribunal, Bokaro, in Claim Case No.82 of 2015, whereby
the compensation has been awarded to the claimants to the tune of
Rs.15,75,848/- (after deducting Rs.50,000/- which has already been paid
under Section 140 of the MV Act) to the claimants within one month from
the date of order, failing which, claimants shall further be entitled for
simple interest @ 7% per annum on the awarded amount from the due
date till its realization.
M.A. No. 559 of 2018 has been preferred by the appellant- M/s
National Insurance Company Limited against the same impugned award
dated 23.05.2018 passed by learned Principal District Judge-Cum-Motor
Accident Claim Tribunal, Bokaro, in Claim Case No.82 of 2015.
Learned counsel for the appellants/claimants has assailed the
impugned award on the ground of interest as the interest ought to have
been awarded from the date of filing of the claim application though the
learned Tribunal is free to change the date of interest either from the date
of filing of claim case or the date of settlement of issue or the date of
judgment, but after attributing the delay upon the claimants, but in this
case no reason has been assigned for not granting interest from the date of
filing of the claim application to the claimants by the learned Tribunal.
Learned counsel for the appellants/claimants has submitted that
Section 171 of the M.V. Act may profitably be quoted herein:-
"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."
Mr. Manish Kumar, learned counsel for the appellant- M/s National
Insurance Company Limited has assailed the impugned award on the
ground, that though, the driver was holding a valid licence, but for
driving a truck not for bus, as such, impugned award is bad in law. The
learned Tribunal has not considered the same and has not given right to
recover from the owner of the offending vehicle.
Mr. Chanchal Jain, learned counsel appearing for the owner of the
offending vehicle has submitted that this issue has already been decided
by the Apex Court in the case of Mukund Dewangan vs. Oriental
Insurance Company Limited, reported in (2017) 14 SCC 663, as such, it is
not more an issue available to the Insurance Company.
Mr. Shashank Shekhar, learned counsel appearing for the
respondent/driver of the offending vehicle has submitted, that case is
squarely covered in the judgment passed by the Apex Court, in the case of
Nirmala Kothari Vs. United India Insurance Company, reported in 2020
SCC Online 286, as such, the appeal preferred by the Insurance Company
has no merits may be dismissed.
Considering rival submissions of the parties and looking into the
facts and circumstances of the case, admittedly the interest ought to have
been awarded @7.5% per annum from the date of filing of the claim
application in view of Section 171 of the M.V. Act and in view of the
judgment passed by the Apex Court in the case of Dharampal & Sons Vs.
U.P. Transport Corporation, reported in (2008) 4 JCR 79 SC as no reason has
been assigned by the learned Tribunal attributing delay in disposal of claim
case upon the claimants.
As such, the appeal preferred by the claimants vide M.A. No.506 of
2018 is allowed, directing the respondent- M/s National Insurance
Company Limited to pay the interest @7.5% per annum from the date of
filing of the claim application till the date of actual indemnifying the
award.
Accordingly, the appeal preferred by the claimants vide M.A.
No.506 of 2018 stands allowed.
Mr. Manish Kumar, learned counsel for the appellant- M/s National
Insurance Company Limited has submitted that the Insurance Company has
already deposited the entire amount before the learned Tribunal pursuant
to the order passed by the Co-ordinate Bench of this Court in terms of the
order No.3 dated 12.04.2019 in M.A. No.559 of 2018, out of which, Rs.13
Lacs has already been disbursed to the claimants, as such, interest may be
accordingly granted.
Considering the same, the interest @7.5% per annum shall be
calculated on Rs.13 Lacs from the date of filing of the claim application till
the date of disbursement and on balance amount of Rs.2,75,848/- the
interest @7.5% per annum shall be calculated from the date of filing of the
claim application till the date of indemnifying the award.
So far the appeal preferred by the Insurance Company vide M.A.
No.559 of 2018 is concerned, the same is hereby dismissed in view of the
judgment passed by the Apex Court in the case of Mukund Dewangan
(supra) and Nirmala Kothari (supra).
I.A. No.9615 of 2018 filed for limitation stands closed.
The statutory amount deposited by the appellant-Insurance
Company before this Court at the time of preferring the instant Misc.
Appeal vide M.A. No.559 of 2018 shall be remitted by the learned
Registrar General of this Court to the learned Tribunal within a period of
four weeks from today so as to indemnify the part of Award and the
balance amount, as stated above, shall be indemnified by the Insurance
Company within a reasonable period as the accident was of dated
17.04.2015.
(Kailash Prasad Deo, J.)
Sandeep/
