- (1.) MR . Pahari, learned advocate appears on behalf of the Insurance Company. He undertakes to file the vakalatnama on behalf of his client in course of this week in the concerned department. Re: CAN 330 of 2015 (condonation of delay)
(2.) THIS appeal was filed beyond the prescribed period of limitation. There was 38 days delay in filing this appeal. Reason for the delay has been sufficiently explained by the appellants/applicants in this application for condonation of delay. Accordingly, delay in filing this appeal is condoned. Let the appeal now be registered.
(3.) THE application for condonation of delay being CAN 330 of 2015 is thus disposed of. Re: FMAT 965 of 2013 Immediately after the delay in filing the appeal is condoned and the appeal is regularised, we are requested by the learned counsel appearing for the parties to consider the appeal on merit by dispensing with the requirement of filing paper book. Accordingly, we have taken up this appeal for hearing by dispensing with the requirement of filing paper book in this appeal. Only point which is canvassed by the claimants/appellants in this appeal is that the Learned Tribunal committed a mistake by not awarding interest as per Section 171 of the Motor Vehicles Act. On perusal of the impugned award passed by the Motor Accident Claims Tribunal, Additional District Judge, 1st Court, Nadia on 7th January, 2013 in M.A.C. Case No. 35 of 2004, we find that while disposing of the said claim petition, the Learned Tribunal directed the Insurance Company to pay compensation of Rs.3,93,500/ - to the claimants within one month from the date of receiving copy of the said award failing which the Insurance Company was directed to pay interest @7% per annum from the date of filing the claim petition till realisation. Having considered the provision contained in Section 171 of the Motor Vehicles Act, we dispose of this appeal by modifying the impugned award only to this extent that the Insurance Company will have to pay interest on the awarded compensation @6% per annum from the date of filing the claim petition till realisation thereof in addition to the compensation which was awarded by the Learned Tribunal in the impugned award. We are informed by the learned advocate appearing for the claimants/appellants that the awarded amount of Rs. 3,93,500/ - has already been received by his clients. Accordingly, we direct the Insurance Company to pay the interest amount as per our above direction by remitting the same to the bank account of the claimant/appellant No.1 viz. Smt. Chand Nihara Bewa within one month from the date of furnishing her bank account particulars with the Insurance Company and/or its learned advocate.;