Case Note & Summary
The appellant, Shri Nandu Ramnath Alornekar, was the original claimant in Claim Petition No.16/96 before the Motor Accident Claims Tribunal, Mapusa, Goa. He filed the present appeal under the Motor Vehicles Act, 1988, challenging the Tribunal's order on the ground that it had not awarded interest on the compensation from the date of the application. The respondents included the alleged tortfeasors and the National Insurance Co. Ltd. During the hearing, Mr. Mulgaonkar, counsel for respondents No.3 and 5 (the insurance companies), stated that respondent No.3 was agreeable to pay Rs.10,000 by way of final settlement of the claim in the appeal towards interest payable to the appellant. Mr. Nachinolkar, counsel for the appellant, after taking instructions from the appellant who was present in court, stated that the appellant was ready and willing to accept the said amount of Rs.10,000 in full and final settlement of the claim in appeal. The court, noting the consent of both parties, disposed of the appeal in terms of the settlement. The court directed that the amount of Rs.10,000 be paid by respondent No.3 to the appellant within four weeks from the date of the order. The appeal was thus allowed in terms of the settlement, with no order as to costs.
Headnote
A) Motor Accident Claims - Interest on Compensation - Consent Settlement - The appellant, original claimant, appealed against the Tribunal's order for not awarding interest on compensation from the date of application. The insurance company agreed to pay Rs.10,000 as final settlement of the claim in appeal. The appellant accepted the amount in full and final settlement. The appeal was disposed of in terms of the settlement. (Paras 2-3)
Issue of Consideration
Whether the appellant is entitled to interest on the compensation awarded from the date of application before the Motor Accident Claims Tribunal.
Final Decision
The appeal is disposed of in terms of the settlement. Respondent No.3 shall pay Rs.10,000 to the appellant within four weeks from today. No order as to costs.
Law Points
- Interest on compensation
- Motor Accident Claims
- Consent order
- Settlement
Case Details
2005 LawText (BOM) (03) 92
First Appeal No.164 of 2000
Mr. Abhay Nachinolkar (for appellant), Mr. J.P. Mulgaonkar (for respondents No.3 and 5)
Shri Nandu Ramnath Alornekar
Kiran Vaigankar, Anand Ramesh Bhosle, National Insurance Co. Ltd., Pundalik Tato Haldankar, National Insurance Co. Ltd.
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Nature of Litigation
Appeal against order of Motor Accident Claims Tribunal, Mapusa, in Claim Petition No.16/96, challenging non-award of interest on compensation.
Remedy Sought
Appellant sought interest on compensation from the date of application before the Tribunal.
Filing Reason
The Tribunal did not award interest on the compensation from the date of the application.
Previous Decisions
The Motor Accident Claims Tribunal, Mapusa, passed an order in Claim Petition No.16/96 awarding compensation but without interest from the date of application.
Issues
Whether the appellant is entitled to interest on compensation from the date of application before the Tribunal.
Submissions/Arguments
Appellant argued that the Tribunal erred in not awarding interest from the date of application.
Respondent No.3 (Insurance Company) agreed to pay Rs.10,000 as final settlement of the claim in appeal towards interest.
Ratio Decidendi
The court disposed of the appeal based on the consent of both parties, accepting the settlement amount of Rs.10,000 as full and final settlement of the claim in appeal.
Judgment Excerpts
The appellant who is the original claimant in Claim Petition No.16/96 before the Motor Accident Claims Tribunal, Mapusa has filed this appeal on the ground that the Tribunal has not awarded interest on the compensation from the date of the application.
Mr. Mulgaonkar, learned Counsel appearing for respondents No.3 and 5 has stated that respondent No.3 is agreeable to pay Rs.10,000/- by way of final settlement of the claim in the appeal towards interest payable to the appellant.
Mr. Nachinolkar, learned Counsel appearing for the appellant, upon taking instructions from the appellant who is present in the Court, states that the appellant is ready and willing to accept the said amount of Rs.10,000/- in full and final settlement of the claim in appeal.
Procedural History
The appellant filed Claim Petition No.16/96 before the Motor Accident Claims Tribunal, Mapusa, which awarded compensation but without interest from the date of application. Aggrieved, the appellant filed First Appeal No.164 of 2000 before the High Court of Bombay at Goa. During the hearing, the insurance company agreed to pay Rs.10,000 as final settlement, which the appellant accepted. The court disposed of the appeal in terms of the settlement.
Acts & Sections
- Motor Vehicles Act, 1988:
