NATIONAL INSURANCE CO Vs. HEM LATA DEVI

JUDGEMENT

(1.) THE present appeal is filed while challenging the judgment dated 25.07.2011, whereby the learned Tribunal has granted the total compensation of Rs.10,10,000/- along with 7.5% interest per annum in favour of the respondents/claimants and against the appellant/Insurance Company.

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has mainly argued on the ground that the accident took place on 29.11.2000, claim petition filed by the respondents in 2001 and final award was passed in the year 2011. He submitted that the learned Tribunal took ten years to decide the claim petition for the reasons that most of the time either the witnesses were not produced, or the claimants or their counsel did not appear before the Trial Court.

(3.) LEARNED counsel for the appellant/Insurance Company submitted that when there was no fault on the part of the appellant for causing delay, then the appellant is not liable to pay interest for the delayed period.