The New India Assurance Company Ltd. vs Smt. Sunaina Gupta and Others

S.N. Pathak, J.—These five appeals are directed against the common judgment and award dated 16th November, 1995 passed by the District Judge-cum-Motor Vehicles Accident Claims Tribunal, Katihar in different claim cases, mentioned in the impugned judgments and so they were heard analogous and are being disposed of by this common judgment. The Insurance Company of the aforesaid five cases are the Appellants before this Court.

Both the sides were heard in all these appeals.

The compensation amounts were granted to the claimants of the relevant cases on account of death of their kith and kin in a motor accident that occurred on 15th April 1990. The deceased were occupants of a car which as dashed by a speeding truck. It was submitted by the Appellants'' lawyer that there was head-on-collision as a result of which some occupants of the car died and so there was contributory negligence on the part of car driver as well. Hence, the Insurance Company of the car was also liable to share the compensation amount. The Appellant''s lawyer further claimed reduction in the rate'' of interest granted by the Tribunal which was 12 per cent per annum. It was submitted that now the interest has been reduced by the Reserve Bank of India to 9 per cent and, hence, the interest granted by the Tribunal may be reduced.

However, on perusal of the impugned judgment, I find that on evidence adduced by the parties, the Tribunal came to the conclusion that the truck driver was solely responsible for causing the alleged accident. I do not find any reason to disagree with the tribunal regarding the negligence on the part of the driver of the concerned vehicle. I do not also find any plausible and, good ground for interfering with the amount of compensation granted to the claimants of the concerned cases. Of course, the rate of interest which was fixed at 12 per cent by the Tribunal deserves a reduction in view of changed rate of interest allowed by the Nationalised Banks. So I think 9 per cent interest per annum shall meet the ends of justice.

In the result, all these appeals are dismissed with modification in the rate of interest awarded by the Tribunal which is fixed at 9 per cent per annum. If any amount has already been paid with interest calculated at the rate of 12 per cent, nothing shall be recoverable by the Appellants on account of modification of the interest by this Court. However, on the rest of the compensation amount, the interest shall be calculated at the rate of 9 per cent per annum. Other directions and observations by the Tribunal in the operative part of the judgment, shall remain intact.