- (1.) Heard learned counsel for the appellant- National Insurance Company Limited. The appellant has preferred this Miscellaneous Appeal against the award dated 25.09.2018 passed by the Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No. 53 of 2016, whereby the claimants namely, (1) Smt. Laxmina Kumari, (2) Shiyadhar Singh Yadav, (3) Smt. Murato Devi, (4) Shreya Kumari and (5) Rohit Kumar have been awarded compensation to the tune of Rs. 15,19,400/- along with interest @ 9% per annum from the date of admission of claim application under Section 166 of the M. V. Act i. e. 10. 06. 2016 till its realization.
(2.) Learned counsel for the appellant has submitted that Rs. 50,000/- has already been paid by the Insurance Company to the claimant under Section 140 MV Act. Learned counsel for the appellant has assailed the impugned award on the ground that quantum of the compensation on the basis of the income of the deceased has wrongly been considered by the learned Tribunal, even though there was violation of Section 149(2) of the M. V. Act but the right of recovery has not been given by the learned Tribunal in favour of the Insurance Company.
(3.) Learned counsel for the appellant has submitted that interest has been granted @9% per annum from the date of admission of the claim application which is contrary to the settled Principle of law. The learned Tribunal ought to have passed an order of interest @ 7. 5% per annum from the date of filing of the application, in view of judgment passed by the Apex Court in the case of Dharmpal and Sons Vs. UP State Road Transport Corporation, 2008 (4) JCR 79 SC, as such, notice may be issued upon all the respondents i. e. (1) Smt. Laxmina Kumari W/o Late Manoj Singh, (2) Shiyadhar Singh Yadav, S/o Late Raghunandan Singh, (3). Smt. Murato Devi, W/o Shiyadhar Singh Yadav, (4). Shreya Kumari D/o Late Manoj Singh Yadav, (5) Rohit Kumar, S/o Late Manoj Singh Yadav, All resident of Qr. No. 55, Bank Colony, Piskamore, P. S. Pandra, P. O. Ranchi, Distt. Ranchi (The appellant no. 4 and 5 are minor represented through their mother, SI No. 1 guardian and next friend) and (6) Anil Kumar Gupta, S/o Haripad Sahu resident of Pundidiri, P. O. - Tamar, P. S. Tamar, District- Ranchi.;