Ghanshyam Yadav And Ors. v. Pramod Kumar Yadav And Ors.
Case brief
What is this about?
The High Court allowed the motor accident appeal in part. The city bench observed that the Tribunal failed to award interest from the date of filing of the claim petition till the date of the award, and accordingly directed the insurance company to pay interest on the awarded amount. No other substantive grounds were disposed of.
What did the court decide?
Respondent No. 4 Oriental Insurance Company Ltd. to pay interest @ 6 per cent on the awarded amount from the date of filing of the claim petition till the date of award within 45 days.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A.No. 179 of 2011
- Ghanshyam Yadav.
- Fulwa Devi.
- Sita Devi.
- … ...Appellants
-Versus-
- Pramod Kumar Yadav. 2. United India Insurance Company Ltd. 3. Dipak Kumar Keshri. 4. The Oriental Insurance Company Ltd. … ...Respondents
CORAM: THE HON'BLE MR. JUSTICE D.N.UPADHYAY
For the Appellants: Mr. Vijay Kumar Sharma, Advocate. For the Res. No.1: Mr. Ram Kishore Prasad, Advocate. For the Res. No.3: Md. Zaid Ahmad, Advocate. For the Res. No.4: Mrs. Rita Kumari, Advocate.
09/02.09.2015 This appeal has been preferred against the judgment dated 08.07.2011 passed by the District Judge cum Motor Vehicle Accident Claims Tribunal, Chatra in connection with Claim Case No. 23/2006 whereby the learned Tribunal has assessed the just and reasonable compensation to be paid to the claimants to the extent of Rs.4,08, 000/-. The deceased at the time of occurrence was riding on a motorcycle and the learned Tribunal has decided the issue that there was contributory negligence and therefore, 25% of the awarded amount has been deducted towards contributory negligence on the part of the deceased. After deducting said 25% towards contributory negligence total sum of Rs.3 08 000/- has been directed to be paid to the claimants after deducting Rs.50,000/- which was already paid towards the interim compensation under Section 140 of the M.V. Act. Finally the Tribunal has decided to pay Rs. 2,60,000/- to the claimants within one month failing which interest @ 8 per cent shall be paid from the date of award.
Issues for consideration
2 issues framed by the court
Whether interest was payable from the date of filing of the claim application till the date of award.
Whether the quantum of compensation imposed on appellants as respondents was erroneous.
Parties & counsel
- appellant
Ghanshyam Yadav
- appellant
Fulwa Devi
- appellant
Sita Devi
- respondent
Pramod Kumar Yadav
- respondent
United India Insurance Company Ltd.
- respondent
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · September
- Registered
- Case no.
- MA/179/2011
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