LAWS(PAT)-2002-1-94

NEW INDIA ASSURANCE CO LTD Vs. SUNAINA GUPTA

Decided On January 31, 2002
NEW INDIA ASSURANCE CO LTD Appellant
V/S
Sunaina Gupta Respondents

JUDGEMENT

(1.) THESE five appeals are directed against the common judgme2nt and award dated 16th November, 1995 passed by the District Judge -cum -Motor Vehicles Accident Claims Tribunal, Katihar in different claim cases, mentioned in the impugned judgments and so they were heard analogous and are being disposed of by this common judgment. The Insurance Company of the aforesaid five cases are the appellants before this Court.

(2.) BOTH the sides were heard in all these appeals.

(3.) HOWEVER , on perusal of the impugned judgment, I find that on evidence adduced by the parties, the Tribunal came to the conclusion that the truck driver was solely responsible for causing the alleged accident. I do not find any reason to disagree with the tribunal regarding the negligence on the part of the driver of the concerned vehicle. I do not also find any plausible and good ground for interfering with the amount of compensation granted to the claimants of the concerned cases. Of course, the rate*of interest which was fixed at 12 per cent by the Tribunal deserves a reduction in view of changed rate of interest allowed by the Nationalised Banks. So I think 9 per cent interest per annum shall meet the ends of justice.