ORIENTIAL INSURANCE CO LTD Vs. RAMESH

JUDGEMENT

(1.) THIS F. A. O. arises out of an award dated 14. 9. 2006 passed by presiding Officer, Motor Accidents Claims tribunal, Yamuna Nagar in the M. A. C. T. Case No. 162 of 2005 awarding a sum of rs. 91,500 with 7. 5 per cent interest per annum from the date of filing of the petition till realisation of the amount in the death case of an old lady said to be aged 70 years.

(2.) LEARNED counsel for the appellant insurance company submitted that there has been an inordinate delay in the lodgment of the claim petition as it was filed after about six years. Secondly, he submitted that looking at the age group of the deceased, so also of the dependants, the compensation of Rs. 91,500 appears to be on the higher side.

(3.) WE have carefully considered both the submissions and perused the award. We do not find any merit in the aforementioned contentions of the learned counsel. There may be delay in the lodgment of the claim, but there is no statutory bar to file it with delay. Secondly, F. I. R. of accident was immediately recorded on the same day being F. I. R. No. 143 of 20. 12. 1999. The driver of the offending vehicle is facing prosecution in that F. I. R. Thus, the factum of the accident cannot be denied.