MAMTA Vs. SHRINIWASAN

JUDGEMENT

(1.) SINCE these appeals arise out of common award, they are heard together. Miscellaneous Appeals No. 650/01, 652/01, 653/01 and 655/01. Only question involved in these appeals is whether the appellant insurance company has rightly been held responsible to indemnify the insured.

(2.) COUNSEL for the appellant insurance company Shri B.N. Malhotra has submitted that from the evidence on record, these are the cases of composite negligence of drivers of two vehicles. As such, apart from the appellant insurance company, respondent - National Insurance Co. Ltd, is also jointly and severally liable to pay the compensation. Respondent National Insurance Co. Ltd. has insured the offending jeep bearing registration No. MP 07 H-1828 which has dashed against the tanker bearing registration No. HNU 9877 insured with the appellant insurance company. We have heard counsel for the parties and perused the evidence on record.

(3.) TRIBUNAL has directed that the claimants will be entitled for interest at the rate of nine percent per annum if the compensation is paid within one month, and if the compensation is not paid within one month, then the claimants will be entitled for interest at the rate of 12% per annum. Since penal condition could not be imposed, therefore, order passed by the Claims Tribunal directing payment of interest at the rate of 12% per annum is set aside and it is directed that the claimants will be entitled for interest at the rate of 9% per annum. Miscellaneous Appeals No. 650/01, 652/01, 653/01 and 655/01 have no merit and are dismissed with the aforesaid modification in the order of the Claims Tribunal. Miscellaneous Appeal No. 674/2001.