ANIMA PAUL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Let affidavit of service on behalf of the petitioner filed in court today be kept with the records.

(2.) This application under Article 227 of the Constitution of India is at the instance of a claimant in a proceeding under Motor Vehicles Act and is directed against Order No. 54 dated 23.9.1996 passed by the learned Judge, Motor Accidents Claims Tribunal pertaining to M.A.C. Case No. 66 of 1995 (35 of 1990 and 469 of 1989).

(3.) It appears that the claim of compensation filed by the petitioner was allowed by the learned Tribunal by its judgment dated 11.1.1996. The ordering portion is quoted hereunder: The O.P. No. 3 New India Assurance Co. Ltd., 173 G.T. Road, P.O. Asansol, Distt. Burdwan, insurer for the Ambassador car No. WBJ 2897 and O.P. No. 4 National Insurance Co. Ltd., P.O. Barakar, Distt. Burdwan (insurer of truck No. WMH 4393) are hereby directed, for and on behalf of O.P. Nos. 1 and 2, to pay off the respective equal liability awarded amount, i.e., Rs. 40,500. (Rupees forty thousand five hundred only), subject to deduction of no fault liability under Section 140 of Motor Vehicles Act, if already paid in the above manner or in any other manner as the case may be to the claimant mother as above by A/c payee cheque after proper verification of identity within a period of two months hence, failing which, they shall be liable to pay simple interest at the rate of 12 per cent per annum on the awarded amount from the date of filing of the claim application, till the date of actual payment. Subsequently, the petitioner filed an application under Section 174 of the Motor Vehicles Act, 1988 thereby claiming interest amounting to Rs. 28,710 on the ground that the insurance company has deposited the cheque before the Tribunal on 9.4.1996 and as such in view of the order dated 11.1.1996 they are liable to pay interest at the rate of 12 per cent per annum from the date of filing of the claim application.