NATIONAL INSURANCE CO LTD Vs. CHANDRA BISHT

JUDGEMENT

(1.) All these appeals are being heard together and decided by one and common order as the facts and question involved are common and also the vehicle involved in the accident and the date of accident is same.

(2.) Opposite party-appellant National Insurance Co. Ltd. has preferred the appeals (SI. Nos. 1 to 16) against the one and common judgment dated 18.6.2002 passed by the Motor Accidents Claims Tribunal/Second Fast Track Court, Nainital in the Motor Accident Claim Petitions (Leading Case No. 162 of 2000). Appeals (SI. Nos. 17 to 22) have been preferred against the one and common judgment dated 23.3.2002 passed by the Motor Accidents Claims Tribunal/Addl. District Judge, Kashipur, District Udham Singh Nagar in Motor Accident Claim Petitions (Leading Case No. 33 of 2000). A writ petition (SI. No. 23) and appeals (SI. Nos. 24 to 31) have been preferred against the one and common judgment dated 27.8.2002 passed by Motor Accidents Claims Tribunal/Second Fast Track Court, Nainital in Motor Accident Claim Petitions (Leading Case No. 173 of 2000). Appeals (SI. Nos. 32 to 35) have been preferred against the one and common judgment dated 3.7.2002 passed by the Motor Accidents Claims Tribunal/Addl. District Judge, Nainital in Claim Petition (Leading Case No. 235 of 2000). The Appeal Nos. 230 and 246 of 2002 have been preferred against the separate judgment and award both dated 3.7.2002 passed by the Motor Accidents Claims Tribunal/Addl. District Judge, Nainital in Claim Petition Nos. 236 and 237 of 2000, respectively. Appeals (SI. Nos. 38 to 44) have been preferred against the separate judgment and awards dated 24.8.2002 passed by the Motor Accidents Claims Tribunal/District Judge, Almora in Claim Petition Nos. 29 of 2000, 30 of 2001, 39, 28, 30, 27 and 32 of 2000, respectively. Appeals (SI. Nos. 45 to 47) have been preferred against the one and common judgment dated 19.9.2003 passed by the Motor Accidents Claims Tribunal/District Judge, Nainital in Claim Petitions (Leading Case No. 200 of 2000).

(3.) All these cases under appeals have been decreed by the Tribunals along with interest at the rate of 9 per cent per annum against which the opposite party National Insurance Co. Ltd. has come up in appeals. In Claim Petition Nos. 200, 5 and 197 of 2000 against which the claimants have preferred Appeal Nos. 502, 498 and 495 of 2003, respectively the Motor Accidents Claims Tribunal, Nainital (hereinafter referred to as 'the Tribunal') has not granted interest on the amount of compensation. Claimants have preferred these appeals for grant of interest on the amount of award.