Ms. Kanta and Others Vs. Shri Jaswant Singh and Others

Ms. Kanta and Others vs Shri Jaswant Singh and Others

Type Court Judgment Court Delhi Decided Feb 15, 2001

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Citation: sooperkanoon.com/687607
Court: Delhi High Court
Judge: Mr. B.A. Khan and; Mr. M.S.A. Siddiqui, JJ.
Decided On: Feb 15, 2001
Case Number: L. P. A. 115/1989
Subject: Motor Vehicles

Case Summary

AI-generated summary - not the official court judgment text.

The case debated on necessity in award of interest under Section 171 of the Motor Vehicles Act, 1988, which was not claimable as of right - However it was to be granted on where prompt relief was not granted due to various factors even due to protracted court process - The private employee aged of 24 years deceased ...

Key legal issue: Motor Vehicles

Parties & Advocates

Appellant / Petitioner

Ms. Kanta and Others

Advocate Mr. O.P. Goyal, Adv

Respondent

Shri Jaswant Singh and Others

Legal References

Reported In: II(2001)ACC528; I(2002)ACC605; 2002ACJ605; 2001IVAD(Delhi)184; AIR2001Delhi372; 92(2001)DLT366

Excerpt

the case debated on necessity in award of interest under section 171 of the motor vehicles act, 1988, which was not claimable as of right - however it was to be granted on where prompt relief was not granted due to various factors even due to protracted court process - the private employee aged of 24 years deceased and the tribunal assessed his dependency as rs. 500/- by applying multiplier 20 - the compensation awarded was of rs. 1.20 lacs, but no interest was awarded - the appeal for enhancement was dismissed and fac declined in awarding the interest on the ground of delay for disposal of the claim - it was found on technical view, that interest @ 9% was directed - - his limiting grievance was that both tribunal and first appellate court had failed to award any interest on the compensation amount.orderkhan, (j) 1. one chander bhan, 24, a private employee was killed in a road accident on 25.10.1979. his lrs filed claim suit no. 567/1979 and claimed compensation of rs.2 lacs. but mact worked out his dependency at rs.500/- and applied a multiplier of 20 to it to award compensation of rs.1.20 lacs by award dated 12.12.1988.2. appellants felt dissatisfied and filed fao 159/1989 for enhancement of compensation which was dismissed by first appellate court vide order dated 14.8.1989. they have now filed this lpa for higher compensation. l/c for appellant, mr. goyal, had nothing new to say to warrant any further enhancement. his limiting grievance was that both tribunal and first appellate court had failed to award any interest on the compensation amount. we find that first appellate court had declined to award interest by attributing delay for disposal of claim suit to claimants without any worthwhile basis and taking a technical view of the matter. it is true that interest was not claimable as of right, but where claimants are deprived of prompt relief due to various factors including protracted court process, it ought to be granted to make up for the time loss. on this parity of reasoning it would be proper to award 9% interest in the present case from the date of award (12.12.1988) to that of payment of enhanced compensation. respondent-insurance company to work out the additional amount payable on this count to be paid to appellants within four months from receipt of this order.

Full Judgment

ORDER

Khan, (J)

1. One Chander Bhan, 24, a private employee was killed in a road accident on 25.10.1979. His LRs filed claim suit no. 567/1979 and claimed compensation of Rs.2 lacs. But MACT worked out his dependency at Rs.500/- and applied a multiplier of 20 to it to award compensation of Rs.1.20 lacs by award dated 12.12.1988.

2. Appellants felt dissatisfied and filed FAO 159/1989 for enhancement of compensation which was dismissed by First Appellate Court vide order dated 14.8.1989. They have now filed this LPA for higher compensation. L/C for appellant, Mr. Goyal, had nothing new to say to warrant any further enhancement. His limiting grievance was that both Tribunal and First Appellate Court had failed to award any interest on the compensation amount. We find that First Appellate Court had declined to award interest by attributing delay for disposal of claim suit to claimants without any worthwhile basis and taking a technical view of the matter. It is true that interest was not claimable as of right, but where claimants are deprived of prompt relief due to various factors including protracted court process, it ought to be granted to make up for the time loss. On this parity of reasoning it would be proper to award 9% interest in the present case from the date of award (12.12.1988) to that of payment of enhanced compensation. Respondent-Insurance company to work out the additional amount payable on this count to be paid to appellants within four months from receipt of this order.

Same Court & Year Delhi · 2001 Same Parties Ms. Kanta and Others vs Shri Jaswant Singh and Others Same Subject Motor Vehicles Same Judge Mr. B.A. Khan and; Mr. M.S.A. Siddiqui, JJ.

Motor Vehicles