Sm t Sakhi and Ot hers v. Brahm aswaroop and Ot hers

lat e Shri Ram kum ar. Claim ant no.1 is t he wife of t he deceased and claim ant nos.2 t o 5 are t he children of t he deceased Ram kum ar.

3. Learned counsel for t he claim ant cont ended t hat on 08.01.2016, t he deceased while com ing back hom e from his workplace/ Public Works Depart m ent , Provincial Division Ram pur was hit by a vehicle. The deceased was aged about 55 years working as a Beldar and was earning ₹22,472/- ( wrongly m ent ioned at som e places in t he 1 im pugned order as ₹22,4272/- ) . A com pensat ion of ₹30,50,000/- was claim ed by t he claim ant s.

4. The claim ant s have challenged t he award on t he sole ground t hat learned Mot or Accident Claim Tribunal has erred in awarding int erest @ 6% per annum from t he dat e of award whereas int erest should be paid from t he dat e of filing pet it ion.

5. Learned counsel for t he claim ant subm it s t hat in t he im pugned award claim ant s were held t o be ent it led for int erest @6% per annum from 03.01.2017 i.e. t he dat e of filing claim pet it ion but in t he operat ive port ion of t he order it has been m ent ioned t hat t he insurance com pany shall pay int erest @ 6% per annum from t he dat e of award i.e. 19.08.2023. A sum of ₹18,90,232/- was awarded as com pensat ion favour of t he claim ant s along wit h int erest @ 6% per annum from t he dat e of award i.e.

19.08.2023.

6. The claim ant s have not challenged t he im pugned order on any ot her ground, except t he illegalit y of t he order for grant of int erest from t he dat e of award and not from t he dat e of filing of claim pet it ion. As such, t he Court has t o det erm ine as t o whet her t he order passed by learned Mot or Accident Claim Tribunal awarding t he int erest from t he dat e of award is j ust ified or not ?

7. The issue whet her t he int erest is payable from t he dat e of award or from t he dat e of filing of claim pet it ion is not res int egra. The Hon’ble Apex Court in cat ena of j udgm ent s has held t hat int erest should be awarded from t he dat e of filing of claim pet it ion. Learned Mot or Accident Claim Tribunal has also discussed t his 2 aspect and observed in t he preceding paragraphs of t he operat ive port ion of t he order t hat t he claim ant s are ent it led for t he award of int erest @6% from t he dat e of filing of claim pet it ion i.e. 03.01.2017, however, it appears t hat due t o som e oversight s, inadvert ent m ist ake in t he operat ive port ion of t he im pugned order it has wrongly been m ent ioned t hat claim ant s are ent it led for int erest from t he dat e of award i.e. 19.08.2023. The said direct ion issued as such is not sust ainable and is liable t o be m odified.

8. Learned counsel for t he I nsurance Com pany, Mr. Deepak Rawat , also does not disput e t his set t led principle of law t hat int erest is t o be paid from t he dat e of filing claim pet it ion but cont ends t hat t he appellant s have approached t his Court aft er a delay of 326 days and t he insurance com pany is not liable for paym ent of int erest on t he said delay of 326 days.

9. He furt her cont ends t hat t he appellant s could have approached t he Mot or Accident Claim Tribunal concerned for correct ion of t he said m ist ake and, as such, insurance com pany is not liable t o be penalized paym ent of int erest for t he said delay of 326 days in filing t he present appeal from order.

10. Per cont ra, t he learned counsel for t he appellant subm it s t hat as t he delay has been condoned by t he Hon’ble Court , as such, t he insurance com pany is liable t o pay int erest for t he ent ire period.

11. Aft er hearing learned counsel for t he part ies, t his Court is of t he opinion t hat appellant is ent it led for int erest @ 6% per annum on t he awarded am ount from 3 t he dat e of filing of claim pet it ion i.e. 03.01.2017 t ill paym ent is m ade, excluding t he period of 326 days i.e is t he period of delay in filing Appeal from Order by t he claim ant .

12. The award passed by learned Mot or Accident Claim Tribunal awarding int erest @ 6% per annum t o t he claim ant s t he dat e of order i.e. 19.08.2023 m odified. Learned Mot or Accident Claim Tribunal direct ed t o recalculat e int erest @ 6% per annum on t he awarded am ount i.e. 18,90,232/ - from t he dat e of filing claim pet it ion on 03.01.2017 t ill t he dat e paym ent is m ade, excluding t he period of 326 days i.e. t he period of delay in filing t he Appeal from Order by t he claim ant .

13. Learned Mot or Accident Claim Tribunal shall calculat e t he det ails of t he am ount t o be paid as int erest and aft er adj ust ing t he am ount already paid t o t he claim ant s t he balance am ount shall be paid t o t he claim ant s by t he I nsurance Com pany t he rat io det erm ined by t he Tribunal wit hin four weeks from t he dat e of product ion of cert ified copy of t his order.

14. The records of t he t rial be rem it t ed back t o t he Mot or Accident Claim Tribunal concerned. Wit h t he aforesaid direct ions t he Appeal from Order is disposed of. ( Su b h a sh Up a d h y a y , J.)

14.08.2025 Sukhbant SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a6380d49b188 5e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72C42261361 AED33172F152148D, cn=SUKHBANT SINGH 4