NATIONAL INSURANCE COMPANY LTD Vs. GOPAL PRASAD

JUDGEMENT

(1.) THIS revision application is directed against the order dated 23.11.2002 passed by the Motor Vehicles Accident Claims Tribunal, Ranchi in Execution Case No. 1 of 1998, whereby he has directed the petitioner Insurance Company to pay the award calculating interest from the date of application till 16.11.99.

(2.) THE facts of the case in brief is that, the claimant/opposite parties filed Compensation Case No. 99/90 for the grant of compensation on account of death of Sheo Govmd Ram. The Tribunal awarded a sum of Rs. 1,49,850/- and it was directed that out of the aforesaid amount, a sum of Rs. 25,000/- is granted as ad interim compensation and Rs. 20,000/- being one time payment shall be deducted and the Insurance Company shall pay the amount with interest at the rate of 12% per annum from the date of petition 60 days from the date of the judgment. The operative portion of the judgment is quoted herein below :--"Therefore, Rs. 2700/- x 55 1/2 months comes to Rs. 1,49,850/- from which a sum of Rs. 25.000/- granted as ad interim relief and Rs. 20,000/- for being one time payment and other factors, shall be deducted. Insurance Company is directed to pay this money with interest at the rate of 12% from the date of the petition, within 60 days from today."

(3.) THE case of the Insurance Company is that out of the total compensation of Rs. 1,49.850/-, a sum of Rs. 20,000/-has been ordered to be deducted being one time payment. Thus after deducting Rs. 20,000/- and Rs. 25,000/- which was paid by way of ad interim compensation, total awarded amount comes to Rs. 1,04,850/-. On the said amount interest at the rate of 12% has been calculated and a sum of Rs. 1,93,904/- has been paid to the claimant vide cheque dated 16.11.99. The Tribunal took the view that since interim compensation amount was not paid at a time inasmuch as Rs. 25,000/- which was deposited by way of interim compensation was not received by the claimant the Insurance Company is not entitled to deduct Rs. 20,000/- as directed by the Tribunal and the Insurance Company is liable to pay entire amount of compensation of Rs. 1,49,850/- with interest at the rate of 12% from the date of the application.