LAWS(J&K)-2007-11-24

NATIONAL INSURANCE CO LTD Vs. UNION OF INDIA

Decided On November 28, 2007
NATIONAL INSURANCE CO LTD Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) NATIONAL Insurance Company Limited has filed this appeal against Motor Accidents Claims Tribunal, Kathuas award dated 30th July, 1999 in claim bearing file No. 67/CP, awarding an amount of Rs. 1,42,464/ - in favour of Union of India for the loss caused to its Vehicle 87 -D -68054 Lorry TATA along with interest @ 12% per annum from the date of institution of the claim petition. In terms of the award, the appellant has been directed to indemnify respondent Nos. 2 and 3 who had been held liable to pay the awarded amount.

(2.) ON this appeal coming up for consideration, Mr. Sandeep Singh, learned counsel for the appellant, submitted that he would restrict appellants challenge to the award only insofar as it awards interest @ 12% per annum. He submits that in award passed by the Tribunal in claim petitions arising out of the same accident, this Court, on appeal had reduced the interest from 12% to 7.5% per annum and the same interest thus requires to be awarded in the present case.

(3.) I have gone through a Photostat copy of judgment delivered by this Court while disposing of CIMA No. 15 -A/2001, which was produced by learned counsel for the appellant during the course of hearing of this appeal.