Partly allowed

Geeta Devi and Ors. v. Asha Devi and Ors.

Patna HC4 Feb 2019MA/676/2013

Case brief

AI extract

What is this about?

The Patna High Court allowed the appeal whereby the Tribunal's award on interest was modified. The Court directed that the 9% interest be awarded from the date of filing the claim petition instead of the date of the impugned order.

What did the court decide?

Interest of 9% per annum awarded by the Tribunal shall be calculated from the date of filing the claim petition instead of the date of the impugned order.

Geeta Devi and Ors. Vs Asha Devi and Ors. — Motor Accident Claims | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.676 of 2013

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Geeta Devi W/O Late Amod Narayan Mishra

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Aditya Shankar S/O Late Amod Narayan Mishra

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Ravi Shankar S/O Late Amod Narayan Mishra [Appellant Nos. 2 and 3 are minor and under natural guardian of his mother appellant No.1]

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All are resident of Vill- Baghauni, P.S- Baheri, Distt Darbhanga At Present C/O A. Mishra, Srinagar Gobarsahi, P.S- Sadar, Distt- Muzaffarpur.

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... ... Appellant/s

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Versus

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Smt. Asha Devi S/O Late Ashok Poddar R/O Vill Chuna Bkati Laxmi Sagar, P.S- Lnmu, Distt- Darbhanga.

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Bajaj Allianz General Issurance Company Ltd. through Principal Office 4E, Plaza Airport Road Yarvada, Pune-411006

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... ... Respondent/s

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Appearance : For the Appellant/s : Mr. Dhannjay Kumar No 2, Advocate For the Respondent/s : Mr. Durgesh Kumar Singh, Advocate Mr. R.C. Narayan, Advocate Mr. Girish Chandra Jha, Advocate

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

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Date : 04-02-2019

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Heard learned counsel for the parties.

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The claimants have challenged the judgment and

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award dated 23.11.2012 of the Motor Accident Claim Tribunal, Muzaffarpur, passed in Claim Case No.169 of 2008 only to the extent that interest had been awarded on the compensation from the date of order which should be from the date of filing claim petition.

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Under Section 171 of the Motor Vehicles Act,

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1988, the Tribunal may award simple interest on the amount of

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Patna High Court MA No.676 of 2013 dt.04-02-2019 2/2

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compensation from a date not earlier than the date of making of the claim.

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In the present case, the Tribunal has not assigned any reason as to why the interest should be awarded from the date of order and not from the date of making of application. In the circumstance, it is directed that the interest of 9% per annum awarded by the Tribunal shall be from the date of filing claim petition.

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With the aforesaid modification in the impugned order, this appeal stands disposed of.

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(Birendra Kumar, J)

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Mkr./-

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AFR/NAFR NAFR CAV DATE NA Uploading Date 07.02.2019 Transmission Date

Geeta Devi and Ors. v. Asha Devi and Ors.

Case brief

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Geeta Devi and Ors. v. Asha Devi and Ors.

Case brief

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