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Judgment
The appellant no. 1 (Asha Chowdhury) is present in person in compliance with the earlier direction. We obtained her signature on a plain paper, which
shall be retained with the records. On comparison of such signature with the signature appearing at the bottom of the prayer clause of the application
for early disposal of the instant appeal (C.A.N. 2485 of 2017) as well as her signature in the purported power of attorney appearing at pages 36 to 40
of the paper book, we are convinced that the latter have not been signed by her.
The appeal is directed against an award dated 28th March, 2016 passed by the Motor Accident Claims Tribunal, 2nd Court, Sealdah, South 24-
Parganas while disposing of M.A.C.C. No. 98 of 2008. Although the appellant was found entitled to compensation in a sum of Rs.3,80,000/-, the
tribunal did not award any interest; instead, it was directed that if the insurance company fails to pay the quantum of compensation assessed by it
within two months from date, such amount would carry interest @ 12% per annum.
This direction is in the teeth of the decision of the Supreme Court in National Insurance Company Limited â€" Vs- Keshav Bahadur [2004(1)
Supreme Today 749]. In terms of Section 171 of the Motor Vehicles Act, 1988, the tribunal may award simple interest in addition to awarding
compensation. We have not been shown any material that justified depriving the appellants of interest from the date of filing of the claim application.
In that view of the matter, the award stands modified by directing that the quantum of compensation assessed by the tribunal shall carry interest @
7.5% per annum from the date of filing of the claim application till the time the principal amount was paid. The amount on account of interest shall be
paid to the appellant no. 1 directly in the bank account maintained by her within a month from date.
By tomorrow (2nd May, 2018), learned advocate for the appellants shall furnish to Mr. Pahari, learned advocate for the insurance company the
particulars of the bank account maintained by the appellant no. 1 so as to facilitate remittance by National Electronic Fund Transfer (NEFT). With the
aforesaid directions, the appeal stands disposed of. There shall, however, be no order as to costs. The connected application stands disposed of.
Needless to observe, the appellant no. 1 and her children shall share the amount received on account of interest equally. Urgent photostat certified
copy of this order, if applied for, be given to the parties as expeditiously as possible.