NATIONAL INSURANCE CO. LTD. Vs. KISHORE ROY

JUDGEMENT

(1.) This review application is filed by the insurance company seeking a minor modification in the Judgment dated 28.11.2019 passed in MAC APP. No.44 of 2019. The appeal was filed by the original claimant. The Motor Accident Claims Tribunal had passed an award dated 05.04.2019 awarding compensation of Rs.3,23,845/-. In the said award, the insurance company was exonerated from its liability since the insurance policy was not produced on record. The compensation was awarded with interest @ 9% per annum from the date of claim petition till actual payment. It was further provided that if the amount with interest is not deposited within 30 days, for the delay period, the amount shall carry interest @ 12% per annum.

(2.) Vide Judgment dated 28.11.2019 while disposing of the appeal of the claimant, the insurance company was held liable to satisfy the award since the insurance policy was brought on record before the High Court. Thus, by the said Judgment, the insurance company became liable to pay the compensation awarded by the Claims Tribunal. The only point raised by the insurance company in this application is that it was not responsible for delay in depositing the amount and that therefore, the higher burden of interest of 12% should not be settled on the insurance company.

(3.) I am perfectly in agreement with the submission of the counsel for the insurance company. It was only when the High Court allowed the appeal that the insurance company became liable to pay the awarded amount. It is therefore clarified that the insurance company shall deposit the awarded amount before the Claims Tribunal with simple interest @ 9% per annum from the date of claim petition till actual deposit. Since this is a mere clarification, which in any case, emanates from the facts and circumstances of the case, it is not necessary to issue notice to the respondents herein. However, liberty is kept open for the said respondents to apply in case of difficulty.