Sukhjit Kaur And Another vs The New India Assurance Company ...
2022 Latest Caselaw 6068 P&H

  204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                              CR-8303-2017 (O&M)
                                              Date of decision: 04.07.2022

Sukhjit Kaur and another
                                               ....Petitioners

             Versus

The New India Assurance Company Ltd and others
                                       ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Manoj Pundir, Advocate for the petitioners Mr. Amit Kumar Goyal, Advocate for respondent no.1

ANIL KSHETARPAL, J (Oral)

In an automobile accident, Late Shri Harchand Singh lost

his precious life. The claimants filed a claim petition under Section 163

A of the Motor Vehicles Act, 1988, which was allowed on 13th

November, 2000, by the Motor Accident Claims Tribunal, Rupnagar

(hereinafter referred to as 'the Tribunal'). The claimants were held

entitled to Rs.2,95,590/- along with interest at the rate of 12% per annum

from the date of filing of the petition, till its realisation. The insurance

Company filed an appeal. During the pendency of the appeal, an amount

of Rs.2,00,000/- was paid to the claimants. Ultimately, the appeal was

allowed on the ground that the annual income of the deceased was more

than Rs.40,000/- per annum. An application filed by the insurance

Company for the restitution of the amount alongwith interest has been

allowed. Admittedly, the original amount that is Rs.2,00,000/- has

already been refunded. The only dispute which remains is that what

should be the appropriate rate of interest. The amount has remained with

the claimants for nearly 14 years. The Tribunal while relying upon a

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judgment passed by the Supreme Court in a case arising from the land

acquisition has ordered refund of the amount alongwith interest at the

rate of 12% per annum. The present case is not a case arising from the

land acquisition proceedings. The petitioner no.1 has lost her husband

whereas petitioner no.2 has lost his father.

Keeping in view the aforesaid facts, the order passed by the

Tribunal is modified. The claimants are directed to pay 6% interest for

the period the amount has remained with them.

With all these observations, the revision petition is disposed

of.

All the pending miscellaneous applications, if any, are also

disposed of.

04.07.2022                                       (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




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