CN THE HIS1 COtBT OF JUDICATURE AT BILASPtB (C.G.) M.A.No. ____2tT2=_/2003 ^-"" (A EAL VAI.UED AT &s. 3,31,800/-) O'lVhJCn Bench APPEAL UNDER SECTION 173 OF 1HE MOTCTt VEHICLE X;T, 1988 ^" APPELL^T (NON APPLICANT N0.2) RESPONDENTS (APPLICANT No.l) ''(APPLKANT N0.2) , (APRLIC^NT N0.3) , (APPLICANT N0<4) (APPLICANT N0.5) F~^ ^^' ^y^ ^,^ ^ (APPLICANT N0. 6) •^ ^" ^\^'~ '..;^'^/- y (APPLICANT N0.7) (NON APPL3CANT N0.1) ^ Unit§d India Insarance Company Liraited, Through: Its Divisional Manager, Divisional Office- Main Road Korba, Tah. 8. Distt. KCBBA (C.G.) VERSUB !• Smt^ Kagmen Bai w/o Late * Ij^ Baliraro, aged aboat 48 yrs* 2. Indraso w/o Late Muni alias ^ Jhunnilal> aged about 32 yrs. 3. Bhuneshwar s/o Late ffiuni ^' ^ alias Jhunnilal» aged about 14 years. 4< Brihaspati D/o Late Munni ^ alias Jhunnilal aged about 11 years. 5« Boby D/o Late Munni alias ^ ^Jhunnilal, aged about 7 yrs* (Respondent No^ 3 to 5 are minbr) Through: Guardian- ad- Ix'fcem-Mo-fcher- Indraso (Bes.No.2) 8. Grand Mother Sat* Ragmen (Bes.No.l) 6^ BsS^oTsin s/o Late Baliram fL aged about 32 yrs^ 7?.Jht.innta lal s/o late Baliram v^aged about 35 yrs« All are B/o village- Runia- dih, cas-fce- Panika» P.S* JaiNagar, Tahsil- Surajpar, Disit. Surguja (C.G.) 8« Salikrain s/o Shiviaangal aged about 32 years, caste- tajwar, occupation- service, R/b vill* Tilsinwapara» P.O.Bhatgaon, P.S.RaaiappJir Distt, Surguja (C«G») • •4^»• ^" ^E -2- Being aggrieved by the award dated 25-08-2003 passed by 3'iri A.P.Mishra, Vth AddiUonal Mo-fcor Accldent Claims Trifounal (FAST TRX;K COURT), ^': Surajpi.iT, Distt< Surguja, in claim case No.46/02 between the parties (Smt.Ragmein bai S. Qrs Vs< Salikram 8, Ors.), -the appellanft p^efers this appeal on the following facts and grounds:- f ^ HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANTS Non-applicant No.2 RESPONDENTS M.A. No. 942 of 2003 United India Insurance Company Limited Versus Smt. Ragmen Bai & Others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N. K. Agarwal. Present : Shri Dashrath Gupta, Advocate for the appellant. Shri Dashrath Prajapati, Advocate for respondent No. 1 to7. Shri Shakti Raj Sinha;Advocate for respondent No. 8. ORALORDER (Passed on 27.10.2010) Per : I.M. Quddusi, J. Heard. 1. The instant appeal has been preferred by the appellant/ insurance company against the award dated 25.08.2003, passed by the Vth Addjtional Motor Accident Claims Tribunal (FTC), Surajpur, Djstt. Surguja (forshort 'the Tribunal') in claim case No. 46/02, whereby and whereunder an amount of Rs. 3,31,OOO/- has been awarded jn favour of the claimants alongwith the interest @ 9 percent per annum if award is satisfied within a period of two months, and jn default pena! interest @ 12 percent per annum against the appellant/insurance company. 2. Brief facts of the case are that, on 05.03.02 Bali Ram (since deceased) while coming to Bhatgaon from Runiadih by his bicycle, the driver of Hero Honda motorcycje bearing registration No. CG-15-/4215, dashed the appellant as a result of which Bali Ram succumbed to the injuries sustained r in the said accident. 3. The claimants preferred an application before the Tribunal under Section 166 of the Motor Vehicles Act, claiming compensation to the tune of Rs. 19,32,000/- for the death of deceased in the said accident. 4. The Tribunal on a close scrutiny of the evidence led, material placed and submissions made by the parties, awarded a sum of Rs. 3,31,000/- in favour of the claimants as against the insurance company. 5. Indisputably, the owner of the vehicle in question contested the claim petition but the apptteation filed by the appetlant/insurance company under Section 170 of Motor Vehicles, Act, 1988 (for short 'MV Act') was r6jected by the Tribunal. The above rejection order is not under challenge in the instantappeal. 6. Therefore, in view of the above circumstances, we are not inclined to interfere with the award passed by the Tribunal. However, we ftave observed that penal interest has been imposed by the Tribunal which is not legal, and therefore, to this extent, we are inclined to interfere that the Tribuna! was not right jn imposing the penal interest @ 12 percent, accordingly, that part of the award is set aside aftd the amount of award is payable with flat rate of interest i.e. 9 ft1 ?i ^ •^ 7. percent per annum from the date of applteation ti!l jts recovery. The appeal is disposed of in terms of the above order. No order asto costs. Sd/- I.M. Quddusi Judge Sd/- N. K. Agarwal Judge .-....•^