1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL MISC. APPEAL NO.1815/05 Smt. Mali & Ors. vs. Ram Chandra & Ors. Date of order : 29/4/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vinay Mathur for the appellant. Shri S.R. Joshi with Shri Ganesh Joshi for the respondent. ****** This appeal has been preferred against the award of the Tribunal dated 5.4.05 on the ground that interest ought to have been awarded from the date of filing of the claim petition even as against the insurance company. Shri Vinay Mathur, learned counsel for the appellant argued that though the accident took place on 29.8.1992, but since the appellant could file the claim petition belatedly on 30.9.99, he already suffered a loss of interest for 7 years, therefore, the Tribunal was not justified in directing that interest payable from the date of filing of claim petition could be recovered from the owner and driver of the vehicle and not from the insurance company. Learned counsel for the appellant submitted that though the 2 insurance company has also been held entitled to pay interest but only from the date of its impleadment on 17.4.2001, which is not justified. Shri S.R. Joshi, learned counsel for the respondent opposed the appeal and submitted that the fault of not impleading the insurance company at the time of filing of the claim petition lies with the claimants and therefore they have to face the consequences of not getting the interest from the insurance company from the date of filing of claim petition. When the insurance company was not party at the time of filing of the claim petition, it cannot be held entitled to pay the interest from the date when it was not in existence. Therefore, the Tribunal has rightly held the insurance company liable to pay the amount of interest from the date of its impleadment i.e. from 17.4.2001. Having heard the learned counsel for the parties and perused the impugned award, I find that as far as the award of interest from the date of filing of claim petition as against owner and driver is concerned, the 3 same cannot be faulted. The claim petition was though filed on 30.9.99, however the claim petition can be taken to have been filed against the insurance company only from the date when it was impleaded as party to the claim petition on 17.4.2001 and earlier to that, the insurance company could not be held entitled to pay the amount of interest. Its impleadment in the pending proceeding cannot be taken to have been effected from the date of filing of the claim petition. I therefore do not find any merit in this appeal, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. RS/