THE NEW INDIA ASSURANCE COMPANY LTD., LKO. THRU. MANAGER v. SUNITA AND OTHERS
FAFO/37/2025 · 2025-01-21
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118113 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118113 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 4 Case :- FIRST APPEAL FROM ORDER No. - 37 of 2025 Appellant :- The New India Assurance Company Ltd., Lko. Thru. Manager Respondent :- Sunita And Others Counsel for Appellant :- Anchal Mishra Hon'ble Rajnish Kumar,J.
1. Shri Anchal Mishra, learned counsel for the appellant while assailing the judgment and award dated 24.09.2024 passed in Claim Petition No.647 of 2017 (Sunita and Others Vs. Nihal Ahmad and Others) by Motor Accident Claims Tribunal, South, Lucknow submits that the interest has been awarded on the future prospects, therefore, the impugned judgment and order is not sustainable in the eyes of law.
2. The issue of award of interest on the future prospects in motor accident claim has been decided by means of the
judgment and order dated 09.12.2024 passed in Uttar Pradesh State Road Transport Corporation, Lucknow through R.M. Vs. Bhawani Prasad Manjhi, holding that claimant is entitled for interest on future prospects also, the relevant paragraphs 36 and 37 are extracted here-in-below:-
"36. The Hon'ble Supreme Court, in the case Union of India Vs. Rina Devi; (2019) 3 SCC 572, considered the issue of interest on the compensation in case of untoward incident under the Railways Act. However, held that legal position in this regard is at par with the cases of accident claims under the Motor Vehicles Act, 1988 and conflicting views stand resolved in this manner. It has been held in this case that the law law in the present context should be taken to be that the liability will accrue on the date of the accident and the amount applicable as on that date will be the amount recoverable but the claimant will get interest from the date of accident till the payment at such rate as may be considered just and fair from time to time. In this context, rate of interest applicable in motor accident claim cases can be held to be reasonable and fair. Thus, the Hon'ble Supreme Court concluded that compensation will be payable as applicable on the date of the accident with interest as may be considered reasonable from time to time on the same pattern as in accident claim cases.
37. In view of above and considering the over all facts and circumstances of the case, this Court is of the view that the contention of the learned counsel for the appellant is misconceived and not tenable and this Court is of the view that the claimant-respondent is entitled for the future prospects and interest thereon also."
3. In view of above, the appeal is misconceived and lacks merit.
4. The appeal is, accordingly, dismissed. ...................................................................(Rajnish Kumar, J.)
Order Date :- 21.1.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench