Dipankar Datta, J. - (1.) A road accident involving the use of a motor vehicle on December 11, 2004 claimed the life of the appellant's daughter (hereafter 'the victim' for short) at a relatively young age of 22 years. Distressed by such premature death, the appellant presented a claim application dated February 8, 2005 for compensation under Section 163-A of the Motor Vehicles Act, 1988 (hereafter 'the 1988 Act' for short) before the relevant motor accident claims tribunal (hereafter 'the MACT' for short). The application was decided by the MACT by its judgment and award dated December 17, 2008. The opposite party no.2 before the MACT, i.e., the insurer of the offending vehicle (hereafter the insurer), was held liable to compensate the appellant in a sum of Rs.1,14,000.00. Such sum was directed to be paid to the appellant by the insurer within 30 (thirty) days, failing which the insurer was required to pay simple interest @ 6% per annum on the said sum from the date of presentation of the claim application till payment is made.
(2.) Dissatisfied with the paltry sum awarded by the MACT as compensation as well as its omission to award interest from the date the claim application was presented, the appellant exercised the right guaranteed by Section 173 of the 1988 Act and preferred this appeal on February 27, 2009.
(3.) It is not in dispute that the insurer effected payment of compensation, as determined by the MACT, in favour of the appellant within 30 days of the award and thereby evaded payment of interest to her.;