New India Assurance Co. Ltd. vs Radha Bewa and Others

S.N. Phukan, C.J.—This is an appeal filed by the New India Assurance Co. Ltd. against the order of the learned Fourth Motor Accidents Claims Tribunal, Puri, passed in M.A.C.T. Misc. Case No. 376/639 of 1994/1993. By the impugned order, the learned Tribunal has awarded a compensation of Rs. 25,000/- for no fault liability with interest at the rate of 12 per cent per annum from the date of the claim, i.e., 1.11.93, till payment. Being aggrieved by the order awarding interest, the present appeal has been filed.

Heard the learned Counsel for the appellant.

In respect of no fault liability, the question of awarding interest does not arise, as interest may be awarded at the time of final award. Therefore, that portion of the impugned order awarding interest is set aside. As it is stated that a sum of Rs. 12,500/- has been deposited in this Court at the time of filing of this appeal, the said amount shall be transmitted by the Registry to the learned Tribunal and the balance amount out of Rs. 25,000/- shall be deposited within fifteen days. Hence, the misc. appeal is disposed of accordingly.