Rajasthan High Court - Jodhpur
United India Insurance Company ... vs Multanaram on 17 December, 2021
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1627/2020
United India Insurance Company Limited, Branch Jodhpur
Through Manager, United India Insurance Company Limited, 2Nd
Floor, 74-A, Bhati N Plaza, Main Pal Road, Jodhpur (Insurer)
----Appellant
Versus
1. Multanaram S/o Prahladram, B/c Vishnoi, R/o Naneu,
Tehsil - Phalodi, Dist. Jodhpur (Raj.)
2. Smt. Kani Devi W/o Multanaram, B/c Vishnoi, R/o Naneu,
Tehsil - Phalodi, Dist. Jodhpur (Raj.)
3. Jarnail Singh S/o Mohindra Singh, B/c Jat Sikh, R/o
Hadam Makan No. 12 Majad Bus Stand, Tehsil Guruhar
Sahay, Dist. Firozpur (Punjab) At Present R/o Gali No. 2,
Prem Nagar, Sriganganagar (Raj.) (Owner Of Vehicle No.
Rj-13/g-7821)
----Respondents
For Appellant(s) : Mr. Sanjeev Johar with Mr. Lalit
Parihar
For Respondent(s) : Mr. BR Godara
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
17/12/2021
This appeal is filed by the Insurance Company, assailing the
judgment and award dated 16.12.2019 passed in favour of the
respondents-claimants granting a compensation of Rs. 5 lacs with
interest @ 9% per annum with effect from date of filing of the
claim petition i.e. 19.9.2014 till the actual payment.
(2 of 3) [CMA-1627/2020]
The presence of respondent No.3 being owner of the vehicle
is not required to decide this appeal.
The counsel for the appellant submits that the Tribunal has
awarded interest on the compensation amount @ 9% per annum
which is on higher side and it should be 6% per annum. Another
argument about the validity of licence of the driver has also been
raised.
However, considering the findings of the Tribunal, the
argument about the validity of licence does not hold water and
same stands turned down.
As far as the award of interest @ 9% per annum is
concerned, the counsel appearing for the respondents-claimants
candidly submits that the rate of interest may be reduced
reasonably and whatever reasonable rate of interest is awarded in
the compensation under the Motor Accident Claim Cases, be
granted.
With the consent of both the parties, rate of interest from
09.1.2014 is reduced to 6.5% per annum.
Accordingly, the compensation of Rs. 5 lacs directed to be
paid by the impugned judgment and award shall be payable with
interest @ 6.5 percent per annum with effect from the date of
claim i.e. 19.9.2014 till the actual payment.
The impugned judgment and award is modified accordingly.
In case the appellant Insurance Company does not deposit the
compensation amount with interest @ 6.5% per annum within
period of eight weeks, the interest awarded by the Tribunal shall
remain intact.
(3 of 3) [CMA-1627/2020]
With the aforesaid observation, the appeal stands disposed
of.
(SUDESH BANSAL),J
ns. 144-1/-
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