NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS DIVISIONAL MANAGER Vs. SMT. ASHULATA BHOWMIK AND ORS.

JUDGEMENT

(1.) HEARD Mr. S. Lodh, learned counsel appearing for the appellant as well as Mr. A. De, learned counsel appearing for the respondents No. 1 to 5. Since the respondent No. 6 does not have any material interest in this proceeding, no notice has been issued by this court. This is an appeal under Section 173 of the Motor Vehicles Act against the judgment and award dated 10.01.2013 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala, Court No. 4 in T.S. (MAC) No. 154/2011.

(2.) BY this appeal the findings as returned on the factual aspect of the accident or the compensation as assessed by the Tribunal are not questioned. Thus those findings stand affirmed by this court.

(3.) MR . Lodh, learned counsel appearing for the petitioner has further submitted that by granting penal interest in the event of failure of making the payment of compensation in due time the Tribunal has committed a serious error. In this context, Mr. Lodh, learned counsel has placed reliance on a decision of the apex court, rendered in National Insurance Co. Ltd. v. Keshav Bahadur & Ors., reported in : (2004) 2 SCC 370, where the apex court in para 13 and 14 has enunciated the law as under: