BANBOR SAWKMIE Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and order dated 30.11.1993 passed by the Member, Motor Accident Claims Tribunal, Shillong, in MAC Case No. 19 of 1991 for refusal to award interest.

(2.) THE facts are, the claimant's case that her sister was run over due to the negligence of the driver of the vehicle No. ML 058368 (MLS 8734) and her sister received injuries and later succumbed and died at the hospital. For the said accident, the claimant preferred a claim before the Claims Tribunal, Shillong, and the Claims Tribunal was pleased to pass the claim of Rs. 80,000/ - in her favour. However, the Tribunal failed to make any order regarding interest on amount of compensation money payable. The appellant submits before this Court that the appellant has no grievance as to the compensation allowed by the Tribunal but the appellant was al so entitled to the payment of interest as a matter of right from the date of filing of the claim. Mr. Jindal appearing for the claimant, refers to Section 110 -CC of the Motor Vehicles Act, 1939, and to two judgments reported in Assam State Trans. Corpn. v. Kamurun Nessa Mazumdar, 191 ACJ 464 :, XI (1990) ACC 611 (Gauhati) and, 1986 (1) TAC 223, in support of the above proposition. The Gauhati High Court, in its judgment interprets the provisions of Section 110 -CC and observes as follows (Para 11):

(3.) THE Supreme Court in the judgment in, 1986 (1) TAC 223 has held that interest be paid from the date of filing of the claim and in the said judgment, the Supreme Court has permitted 12 per cent interest.