The Allahabad High Court dismissed an appeal filed by an insurance company challenging the rate of interest of 7% per annum awarded in a motor accident claim petition, holding the appeal not maintainable.
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Court No. - 21
Case :- FIRST APPEAL FROM ORDER No. - 432 of 2022 Appellant :- The National Insurance Company Ltd. Thru. Regional Manager Lko.
Respondent :- Deepak And 2 Others Counsel for Appellant :- Satyajit Banerji Counsel for Respondent :- Vinod Kumar Pandey
Hon'ble Mohd. Aslam,J.
Heard Sri Satyajit Banerji, learned counsel for the appellant as well as Sri Vinod Kumar Pandey, learned counsel for the respondents and perused the record.
This appeal has been filed by the appellant-Insurance company under Section 173 of the Motor Vehicle Act, 1988 only on the point of rate of interest.
It is submitted by learned counsel for the appellant that the Motor Accident Claim Petition No. 84 of 2005 (Deepak and another vs. Sandeep Kohli and others) under Section 126 of Motor Vehicle Act was decided on 09.09.2009, by which, the rate of interest was awarded as 6 % per annum from the date of award till the date of payment. Thereafter, the owner of the vehicle has moved an application for setting aside the award, which was allowed vide order dated 23.02.2019. Learned Tribunal has given an opportunity to contest the case and later on after recording the evidence the aforesaid Motor Accident Claim petition was again decided vide order dated 29.07.2022 passed by Presiding Officer, M.A.C.T. Sultanpur and petition was allowed partly for payment of Rs.6,14,600/- with 7 % interest per annum from the date of institution of clam petition till the date of payment. It was further directed the insurance company to pay the amount of the compensation. Feeling aggrieved by the rate of interest, learned counsel for the
appellant has preferred this appeal.
Learned counsel for the respondent has opposed the appeal and submitted that as per ruling of the Hon'ble Supreme Court and various High Courts, learned lower court has rightly awarded 7 % rate of interest on the amount of the award determined from the date of institution of the application till the payment is made, the appeal filed by the appellant is not maintainable.
In view of the above, I find no merit in the present appeal hence the appeal is dismissed at the admission stage.
Order Date :- 17.11.2022 Reena/-
Digitally signed by REENA KANNAUJIYA Date: 2022.11.18 16:29:44 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the appeal against the rate of interest of 7% p.a. awarded by the Tribunal is maintainable.
Whether the award of 7% interest from the date of institution of the claim petition is consistent with Superior Court rulings.
The National Insurance Company Ltd. Thru. Regional Manager Lko.
Deepak And 2 Others
Mohd. Aslam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
