NEW INDIA ASSURANCE COMPANY Vs. GYASOBAI AND ORS.

JUDGEMENT

(1.) The appellants have preferred this appeal under Section 110-D of the Motor Vehicles Act, 1939, aggrieved by an award passed by the Motor Accidents Claims Tribunal, Gwalior (for short, hereafter called 'the Claims Tribunal'), in Claim Case No. 22 of 1974 dated 23-8-1976.

(2.) One Kailash Singh, who who was the husband of respondent No. 1 and son of respondent No. 2, died on 27-2-1971 when he met with an accident and a claim for compensation was filed before the Claims Tribunal by respondents Nos. 1 and 2. Appellant No. 1 is the Insurance Company represented by Shri S.K. Dubey, advocate. Shri Dubey has submitted that he does not want to press this appeal any more and it be, therefore, dismissed as not pressed. Shri B.S. Bais, learned Counsel appearing on behalf of respondents No. 1 and 2, submited that he has preferred a cross-objection and, according to it, the award amount should be increased and the interest should also be increased. Considering the request of Shri S.K. Dubey, the appeal is being dismissed as not pressed.

(3.) Shri Dubey submitted that when the appeal has been dismissed, there arises no occasion for considering the cross-objection. He was relied upon a judgment of this Court in the case of Dohairam and Ors. reported in 1977 MPWN 466. It was observed in this case that "as regards the cross-objection, this Court may mention that it is not necessary to consider it in view of the fact that the appeal has abated. On the appeal goes out by abatement, the cross-objection would also go out with it and it does not survive for hearing. This view was taken by this Court on the parent decisions of Ramkrishnadas 1961 JLJ 1218 and Purshottamdas 1933 NLJ 399. Shri Dubey further submitted that in view of this judgment in Dohairam's case (supra) the cross-objection should be rejected. This contention of Shri Pubey is not tenable in view of the decision of the Supreme Court in Panna Lal . According to Panna Lal s case (supra), 1963 AIR(SC) 1516 even if the appeal is dismissed, the appellate Court can give relief to the respondent against any or all other appellants who are parties, and filing of the cross-objection by the respondent is not always necessary. I have gone through the entire award of the learned Claims Tribunal and I express my general agreement with the reasons given by it, upon which the determination of the claim amount has been based. According to the impugned award, respondent Nos. 1 and 2 each has been awarded Rs. 6,000/- each at the rate of 6% per annum as interest on the awarded amount, The total claim award is of Rs. 12,000/-. Keeping in view the recent judgment of the Supreme Court, interest of 6% is very meagre. It is, therefore, raised to 12%. The award of the learned Claims Tribunal shall, accordingly, be modified that the respondents No. 1 and 2 shall be entitled to the claim amount of Rs. 12,000/- (i.e., Rs. 6,000/- to each of the respondents) at the rate of 12% per annum as interest from the date of filing of the application till the date of full payment. With the modification this appeal is dismissed, and the cross-objection stands partly allowed. The appellants shall bear the costs throughout. Counsel's fee according to schedule if certified.