National Insurance Co. Ltd. vs Union Of India (Uoi) And Ors. on 28 November, 2007

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Jammu High Court
National Insurance Co. Ltd. vs Union Of India (Uoi) And Ors. on 28 November, 2007
Equivalent citations: 2008 (1) JKJ 91
Author: J Singh
Bench: J Singh


JUDGMENT

J.P. Singh, J.

1. National Insurance Company Limited has filed this appeal against Motor Accidents Claims Tribunal , Kathuas award dated 30th july, 1999 in claime bearing file No. 67/CP, awarding an amount of Rs. 1,42,464 / – in favour of Union of India for the loss caused to its Vehicle 87-D-68054 Lorry TATA along with interest @ 12% per annum from the date of institution of the claim petition. In terms of the award, the appellant has been directed to indemnify respondent Nos. 2 and 3 who had been held liable to pay the awarded amount.

2. On this appeal coming up for consideration, Mr. Sandeep Singh, learned Counsel for the appellant, submitted that he would restrict appellant’s challenge to the award only insofar as it awards interest @ 12% per annum. He submits that in award passed by the Tribunal in claim petitions arising out of the same accident, this Court, on appeal had reduced the interest from 12% to 7.5% per annum and the same interest thus requires to be awarded in the present case.

3. I have gone through a Photostat copy of judgment delivered by this Court while disposing of CIMA No. 15-A/2001, which was produced by learned Counsel for the appellant during the course of hearing of this appeal.

4. Mr. Sandeep Singh appears to be right in his submissions that interest awarded by the Tribunal in case of Mohd Irfan Khan arising out of the same accident had been reduced from 12% to 7.5% per annum. Adopting the same reasons as recorded in CIMA No. 15-A/2001, the award of the Tribunal is modified by providing that the interest awarded by the Tribunal shall be scaled down to 7.5% per annum on the amount awarded by the Tribunal as against interest of 12% awarded by the Tribunal.

5. With the aforesaid modification, this appeal is accordingly disposed of.

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