National Insurance Company Ltd. Vs. Smt. Malti Devi and ors. - Court Judgment

Excerpt:
- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant. - 3. on being satisfied with the grounds shown in the application, the prayer for substitution is allowed.order1. this inter locutory application has been filed for substituting the legal heirs of respondent no. 2 (one of the claimants) as mentioned in paragraph-5 of the application, saying that the said respondent no. 2 expired on 27.12.2003.2. it is submitted that respondents no. 2 and 3 (owners of the vehicle) did not appear in the court below.heard.3. on being satisfied with the grounds shown in the application, the prayer for substitution is allowed.4. the heirs of deceased respondent no. 2, details whereof are mentioned in paragraph-5 of the application are allowed to be substituted in his place.m.a. no. 399 of 2003:5. heard mr. d.c. ghosh, learned counsel for the appellant insurance company, on merits at length.6. after going through the order dated 30.4.2003 passed by the commissioner, workmen compensation, dhanbad in w.c. case no. 3 of 2001 (hereinafter referred to as 'the tribunal'), we find that the tribunal has considered the materials place on the records by the parties and has reached to the correct conclusion.7. in the circumstances, we do not find any reason to interfere with the findings recorded by the learned tribunal.8. mr. ghosh then submitted that at least the interest awarded by the learned tribunal may be waived.9. it appears that the tribunal awarded 9% interest if the award amount of rs. 2,21,370/- was not deposited within 60 days from the date of the award i.e. 30.4.2003. this order is also fully justified and there is no reason to interfere with the same. the insurance company should have deposited the interest also.10. accordingly, the appellant will deposit the amount of interest also as per the award, calculated at the rate of 9% per annum from 1.7.2003 till 13.8.2004, within six weeks, failing which, such amount will carry further interest at the rate of 12% per annum till it is paid.11. with these observations and directions this appeal is dismissed.

Judgment:
ORDER

1. This inter locutory application has been filed for substituting the legal heirs of respondent No. 2 (one of the claimants) as mentioned in paragraph-5 of the application, saying that the said respondent No. 2 expired on 27.12.2003.

2. It is submitted that respondents No. 2 and 3 (owners of the vehicle) did not appear in the Court below.

Heard.

3. On being satisfied with the grounds shown in the application, the prayer for substitution is allowed.

4. The heirs of deceased respondent No. 2, details whereof are mentioned in paragraph-5 of the application are allowed to be substituted in his place.

M.A. No. 399 of 2003:

5. Heard Mr. D.C. Ghosh, learned Counsel for the appellant Insurance Company, on merits at length.

6. After going through the order dated 30.4.2003 passed by the Commissioner, Workmen Compensation, Dhanbad in W.C. Case No. 3 of 2001 (hereinafter referred to as 'the tribunal'), we find that the tribunal has considered the materials place on the records by the parties and has reached to the correct conclusion.

7. In the circumstances, we do not find any reason to interfere with the findings recorded by the learned tribunal.

8. Mr. Ghosh then submitted that at least the interest awarded by the learned tribunal may be waived.

9. It appears that the tribunal awarded 9% interest if the award amount of Rs. 2,21,370/- was not deposited within 60 days from the date of the award i.e. 30.4.2003. This order is also fully justified and there is no reason to interfere with the same. The Insurance Company should have deposited the interest also.

10. Accordingly, the appellant will deposit the amount of interest also as per the award, calculated at the rate of 9% per annum from 1.7.2003 till 13.8.2004, within six weeks, failing which, such amount will carry further interest at the rate of 12% per annum till it is paid.

11. With these observations and directions this appeal is dismissed.