Saroj And Others vs United India Insurance Co. Ltd And Another

Alok Kumar Verma, J

The present Appeal has been filed by the claimants to enhance the amount awarded by the learned Motor Accident Claims Tribunal / Additional District Judge, Vikas Nagar, Dehradun in Motor Accident Claim Petition No. 32 of 2010, “Sher Singh (deceased) through Legal Representative and Others Vs. United India Insurance Co. Ltd. and Another” on 16.12.2013, by which the learned Tribunal has awarded a total sum of Rs.1,36,331/- as compensation along with 9% interest from the date of petition till its actual payment.

The proposed Appeal has been filed along with an Application to condone the delay of 149 days.

Heard Mr. Rajendra Arya, learned counsel for the appellants and Mr. D.C.S. Rawat, learned counsel for the respondent no.1 Insurance Company.

Perused and gone through the record.

In the interest of justice, the Delay Condonation Application (CLMA No. 8882 of 2014) is allowed. The delay is condoned.

Admit.

Mr. Rajendra Arya, Advocate appearing for the appellants-claimants has requested to decide the present appeal directing the Insurance Company, the respondent no.1, to pay interest at the rate of 9% from the date of accident till its actual payment.

Mr. D.C.S. Rawat, Advocate appearing for the respondent no.1 submitted that the Insurance Company has deposited the entire amount, as directed by the Tribunal. He has sought six weeks’ time to deposit the interest at the rate of 9% from the date of accident before the Tribunal.

The Award dated 16.12.2013 is modified to the extent that the Insurance Company, the respondent no.1, shall deposit the interest at the rate of 9% from the date of accident before the Tribunal within six weeks from today.

With the above modification and direction, the present Appeal is disposed of.