IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Review Application No. 1638 of 2007 With Delay Condonation Application No. 3602 of 2007 (In A.O. No. 45 of 2001) National Insurance Company Limited, through its Assistant Manager, Mahata Gandhi Marg, Civil Lines, Allahabad. …Review Applicant-Appellant. Versus Sri Budh Singh S/O Sri Gugaria Singh and four others. … Respondents. Sri D.S.Patni and Sri B.K.Gupta, learned counsel for the applicant-appellant. Date 20th October 2008 Coram: Hon’ble Prafulla C.Pant, J. Hon’ble B.S.Verma, J. (Delay Condonation Application No.3602 of 2007). This is an application (No. 3602 of 2007) for condonation of delay in moving the review application No. 1638 of 2007, directed against the judgment and order dated December 3, 2004, passed by the Division Bench of this Court in A.O. No. 45 of 2001. 2. Heard learned counsel for the applicant and perused the affidavit accompanying the application. The delay has sufficiently been explained. The application is allowed. Delay is condoned. 3. Also, heard on review application. 4. There was no one present on behalf of the respondents even when the order sought to be reviewed was passed on December 3, 2004. 5. Learned counsel for the review applicant argued that in the accident in question on 3-12-1995 as many as 11 persons were travelling in the truck and two persons died in the accident. 2 Learned counsel for the review applicant also argued that in connection with another Claim Petition of another deceased, Insurance Company has been given recoverable rights, while in the present appeal, no such right was given to the Insurance Company to recover the amount awarded to the claimants from the truck owner. 6. Having gone through the order dated 3-12-2004 passed by this Court in A.O. No. 45 of 2001, we find that the facts and circumstances of this appeal were different. In the present case, Bharat Singh (deceased) was owner of the goods, which were being taken in the truck, registration No. U.P.08/1435, which met with an accident. As such the claim of the claimants was covered under the proviso of Section 147(1)(b)(i) of the Motor Vehicles Act, 1988 and as such the liability was on the Insurance Company. Therefore, we do not find any reason to interfere with the order sought to be reviewed on that ground. 7. However, the awarding of interest from the date of accident and that too @ 12% per annum is erroneous apparent on the face of record, as it should have been from the date of claim application and at the rate of 9@ per annum. Accordingly, we direct that the interest payable on the amount of Rs. 1,52,000/-, awarded by the Tribunal, shall be paid by the Insurance Company with interest @ 9% per annum from the date of claim application. 8. The amount, if any, deposited in the Registry of this Court or in the Registry of Allahabad High Court in connection with the appeal, shall be remitted to the Motor Accident Claims Tribunal Uttarkashi. 9. The review application stands disposed of. (B.S.Verma, J.) (Prafulla C. Pant, J.) 20-10-2008 RCP 3 4 5