Partly allowed

Smt. Mandakini v. Sri Ravindra Kumar and Another

Allahabad HC18 Oct 2019FAFO/2225/2009

Case brief

AI extract

What is this about?

The court allowed the First Appeal partly. It enhanced the compensation awarded to the claimant for her injuries and directed the respondent Insurance Company to deposit the enhanced amount plus interest at 7.5%, citing the Supreme Court decision in National Insurance Co. Ltd. Vs. Mannat Johal.

What did the court decide?

The Tribunal's judgment and decree were modified by granting an additional sum of Rs. 20,000 with interest at 7.5% p.a. on the outstanding balance.

Smt. Mandakini Vs Sri Ravindra Kumar and Another — Motor Accident Claims | Allahabad HC (2019)

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Court No. - 33

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Case :- FIRST APPEAL FROM ORDER No. - 2225 of 2009 Appellant :- Smt. Mandakini Respondent :- Sri Ravindra Kumar And Another Counsel for Appellant :- Mohd. Naushad Siddiqui,Amit Kumar Verma Counsel for Respondent :- Vipul Kumar

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard Sri Amit Kumar Verma, learned counsel for the appellant, Sri Vipul Kumar, learned counsel for the respondent-Insurance Company and perused the judgment and order impugned.

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This appeal, at the behest of the injured-claimant, challenges the judgment and order dated 24.3.2009 passed by Motor Accident Claims Tribunal/Additional District Judge, Kanpur (hereinafter referred to as 'Tribunal') in M.A.C. No.282 of 2008 awarding a sum of Rs.35,000/- with interest at the rate of 6% for the injuries suffered by the claimant – appellant.

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The accident is not in dispute. The issue of negligence is decided in favour of the appellant herein. Respondent concerned has not challenged the liability imposed on it by the Tribunal. Hence, the only issue to be decided is, the compensation. The Tribunal awarded a lump sum of Rs.35,000/- as no disability certificate was produced. However, it is proved that in the accident, the injured was 21 years of age being a housewife sustained fractures and was bed-ridden for certain period of time. In that view of the matter, an additional sum of Rs.20,000/- with interest as mentioned below will meet the ends of justice.

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As far as issue of rate of interest is concerned, the interest should be 7.5% in view of the latest decision of the Apex Court in National Insurance Co. Ltd. Vs. Mannat Johal and Others, 2019 (2) T.A.C. 705 (S.C.) wherein the Apex Court has held as under :

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"13. The aforesaid features equally apply to the contentions urged on behalf of the claimants as regards the rate of interest. The Tribunal had awarded interest at the rate of 12% p.a. but the same had been too high a rate in comparison to what is ordinarily envisaged in these matters. The High Court, after making a substantial enhancement in the award amount, modified the interest component at a reasonable rate of 7.5% p.a. and we find no reason to allow the interest in this matter at any rate higher than that allowed by High Court."

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No other grounds are urged orally when the matter was heard.

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In view of the above, the appeal is partly allowed. Judgement and decree passed by the Tribunal shall stand modified to the aforesaid extent. The respondent-Insurance Company shall deposit the amount with interest at the rate of 7.5% from the date of filing of the claim petition till the amount is deposited within a period of 12 weeks from today. The amount already deposited be deducted from the amount to be deposited.

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Order Date :- 18.10.2019/LN Tripathi

Smt. Mandakini v. Sri Ravindra Kumar and Another

Case brief

What is this about?

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Smt. Mandakini v. Sri Ravindra Kumar and Another

Case brief

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