NATIONAL INSURANCE CO. LTD. Vs. ASIK KHAN, S/O LATE MAHBOOB KHAN
LAWS(JHAR)-2020-1-72
HIGH COURT OF JHARKHAND
Decided on January 20,2020

NATIONAL INSURANCE CO. LTD. Appellant
VERSUS
Asik Khan, S/O Late Mahboob Khan Respondents

JUDGEMENT

KAILASH PRASAD DEO,J. - (1.) Heard, learned counsel for the appellant.
(2.) Appellant- National Insurance Co. Ltd. has preferred this appeal against the award dated 29.04.2019 passed by the learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No.28 of 2016, whereby the claimants have been awarded compensation to the tune of Rs.8,76,400/- out of which Rs.50,000/- has already been paid under Section 140 of the M.V. Act. As such, the due amount awarded by the learned Tribunal to the claimants is Rs.8,26,400/- along with interest @ 9% per annum from the date of admission of the claim application i.e. 30.06.2016 till its realization.
(3.) Learned counsel for the appellant has submitted that date of institution of the claim application as well as date of admission of the claim application are the same, as such, no prejudice has been caused to the claimants-respondents though the interest has been awarded on the higher side contrary to the judgment passed by Hon'ble Apex Court in the case of Dharmpal and Sons Vs. UP State Road Transport Corporation, 2008 (4) JCR 79 SC , where the Hon'ble Apex Court has held that interest ought to have been given at the prevalent rate of interest of the bank on the date of award or simple interest @ 7.5% from the date of filing of the claim application.;


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