ANSU KUMARI Vs. ASHOK BOHRA

JUDGEMENT

(1.) This revision petition has been preferred by the above-named claimant-petitioner against the order dated 14.12.1998 passed by the 1st Additional Claims Tribunal, Hazaribagh in Claim Case No. 58 of 1985 whereby the prayer of the petitioner for directing the opposite party insurance company to pay a sum of Rs. 2,00,000 and odd towards the compensation amount, has been rejected and a modified order has been passed directing the insurance company to pay interest at the rate of 12 per cent per annum on Rs. 55,000 from 3.8.1985, that is, the date of application of claim till 5.3.1998.

(2.) A claim case was registered as mentioned above for and on behalf of the petitioner-claimant Ansu Kumari, a minor, for her disablement because of a motor accident which took place on 2.5.1985. The claim case was registered as Claim Case No. 58 of 1985 under section 110-A of the Motor Vehicles Act as was in vogue at the relevant time. The vehicle in question was insured with the opposite party No. 5, New India Assurance Co. Ltd. The claim case was contested and ultimately, by order dated 23.4.1993, claim case was allowed by granting compensation to the tune of Rs. 35,000 together with interest at the rate of 12 per cent per annum from the date of institution of the claim petition till its realisation. The break up of the compensation of Rs. 35,000 was Rs. 20,000 towards the expenses incurred in the treatment plus Rs. 15,000 towards the permanent disability suffered in the left leg of the claimant.

(3.) The petitioner being disagreed with the grant of compensation, preferred Misc. Appeal No. 561 of 1993 (R) before this court and a Bench of this court, vide order dated 19.11.1997, revised/modified the amount of compensation by just enhancing Rs. 15,000 to Rs. 70,000 towards the permanent disability head. Other things remained intact. It may be mentioned here that after the award had been given by the Claims Tribunal, the insurance company had deposited a cheque on 17.9.1993 for a sum of Rs. 60,150 but it appears from the records and also admitted by the learned Tribunal in the impugned order that the said deposit of the cheque was never intimated by the insurance company either to the claimant nor the same was ever made known to the claimant from the side of the Tribunal itself and as such, the said cheque remained with the records till date.