YIANG BAIT MASKUT Vs. THUMBHA DKHAR AND OTHERS

JUDGEMENT

(1.) Heard Mr. R Kar, learned counsel for the appellant as well as Mr. VK JIndal, learned senior counsel appearing for the New India Insurance Company Ltd. i.e. respondent No.2 and Mr. I Ahmed, learned counsel appearing for the Oriental Insurance Company Ltd. i.e. respondent No.4.

(2.) This appeal filed by the claimant under Section 173 of the Motor Vehicles Act, 1988 (for short "the Act of 1988") is directed against the judgment and award dated 17.08.2012 passed in MACT No.2 of 2009. The appellant/claimant is aggrieved by the non-payment of the interest to the claimant/insurer under the impugned judgment and award dated 17.08.2012. In other words, so far as the amount of compensation is concerned, the appellant/claimant has no grievance.

(3.) Mr. R Kar, learned counsel appearing for the appellant/claimant by referring to Section 171 of the Act of 1988, contended that the Tribunal while passing the impugned judgment and award dated 17.08.2012 should have directed to pay simple interest from the date of filing of the application for compensation. Learned counsel appearing for the appellant/claimant further contended that the Apex Court in Bilkish v. United Insurance Company Limited and Anr., 2008 4 SCC 259held that the simple interest @ 9% per annum from the date of the petition i.e. from the date of filing the claim petition F.A. NO.(SH) 1/2012 Page 3 of 3 had been awarded. Para 4 of the SCC in Bilkish's case reads as follows:-