Smt. Malanti Hembrom and anr. Vs. Bholanath Yadav 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. - 2. considering the statements made in the petition and the grounds taken therein, we are satisfied that sufficient grounds have been made out for condoning the delay in filing the appeal. 7. from the impugned award, we find that for depriving the appellants from the interest from the date of the claim application, the tribunal has drawn adverse inference against the appellants for the delay caused in disposal of the case, which, according to us it is of presumptive in nature, this we disapprove. 9. the office as well as the high court legal services committee is directed to issue notice to the claimants to appear before the lok adalat on 12th may, 2007 to collect the cheque......the grievance of the appellants in this appeal is that the tribunal has awarded the interest @ 6% p.a. only for the period of one year though in the facts and circumstances of the case it should have awarded the interest from the date of filing of the claim application.7. from the impugned award, we find that for depriving the appellants from the interest from the date of the claim application, the tribunal has drawn adverse inference against the appellants for the delay caused in disposal of the case, which, according to us it is of presumptive in nature, this we disapprove.8. accordingly, the impugned award is modified and we hold that the appellant would be entitled to the interest @ 6% p.a. from the date of the filing of the claim application. the insurance company is directed to pay the balance amount of interest pursuant to this order to the appellants in the lok adalat scheduled to be held on 12th may, 2007 by handing over a cheque to the claimants. the claimants shall appear before the lok adalat on 12th may, 2007 to receive the cheque.9. the office as well as the high court legal services committee is directed to issue notice to the claimants to appear before the lok.....

Judgment:

ORDER

1. Heard on the limitation petition.

2. Considering the statements made in the petition and the grounds taken therein, we are satisfied that sufficient grounds have been made out for condoning the delay in filing the appeal.

3. Accordingly, this interlocutory application is allowed and the delay in filing the appeal is hereby condoned.

4. LA. No. 295/2006 is thus disposed of.

M.A. No. 12 of 2006

5. With the consent of the parties, this appeal is being disposed of at this stage itself.

6. The grievance of the appellants in this appeal is that the Tribunal has awarded the interest @ 6% p.a. only for the period of one year though in the facts and circumstances of the case it should have awarded the interest from the date of filing of the claim application.

7. From the impugned award, we find that for depriving the appellants from the interest from the date of the claim application, the Tribunal has drawn adverse inference against the appellants for the delay caused in disposal of the case, which, according to us it is of presumptive in nature, this we disapprove.

8. Accordingly, the impugned award is modified and we hold that the appellant would be entitled to the interest @ 6% p.a. from the date of the filing of the claim application. The insurance company is directed to pay the balance amount of interest pursuant to this order to the appellants in the Lok Adalat scheduled to be held on 12th May, 2007 by handing over a cheque to the claimants. The claimants shall appear before the Lok Adalat on 12th May, 2007 to receive the cheque.

9. The office as well as the High Court Legal Services Committee is directed to issue notice to the claimants to appear before the Lok Adalat on 12th May, 2007 to collect the cheque.

10. Let a copy of this order be handed over to the counsel for the Insurance Company.