Devi Prasad Singh And Dr. Satish Chandra, JJ. - (1.) HEARD Sri J.N. Mishra, learned Counsel for the appellant and Sri Deepak Kumar Agarwal, learned Counsel for the private respondents. Present appeal has been preferred by the appellant -New India Assurance Company Limited against the impugned award dated 6.1.2007, passed by Motor Accidents Claims Tribunal, Lucknow in Claim Petition No. 7 of 1996.
(2.) THE brief facts of the case are that one Sri Kaushal Kishore died in a road accident on 16.10.1995 at about 7.30 a.m. by a Tempo number UP -32 T -2251. A Claim Petition was filed before the Motor Accident Claims Tribunal (in short Tribunal) on the ground that late Kaushal Kishore died on account of rash and negligent driving of the tempo driver. Sri J.N. Mishra, the learned Counsel appearing for the appellant -insurance company does not raise any grievance with regard to quantum of compensation or the interest awarded by the Tribunal. The only submission of the appellant's Counsel is with regard to payment of interest from the date of filing of claim petition before the Tribunal. According to the appellant's Counsel, the claim petition was filed before the Tribunal in April, 1996 and on 25.1.2002, it was ex parte decreed against the owner. Later on, the owner of the vehicle, moved an application for recall of the ex parte order dated 25.1.2002. The learned Tribunal had recalled the ex parte order, on 13.5.2002. After recall of the ex parte order, the Insurance Company was impleaded as defendant and written statements were filed by the owner of the vehicle and the Insurance Company. The claim was allowed by the Tribunal awarding compensation to the tune of Rs. 2,23,000/ - along with interest @ 12% per annum from the date of filing of the claim petition. Feeling aggrieved, the appellant preferred the present appeal under section 173 of the Motor Vehicles Act, 1988.
(3.) THE only grievance of the learned Counsel for the appellant is with regard to payment of interest from the date of filing of claim petition before the Tribunal but certainly he has not challenged the validity of the interest awarded from the date of filing of claim petition before the Tribunal. The submission of the appellant's Counsel is that since the claimants -respondents had impleaded the appellant only on 23.5.2002 i.e. after lapse of almost six years from the date of filing of the claim petition before the Tribunal, they are not liable to pay interest from the date of filing of the claim petition before the Tribunal.;