MOHINDER KAUR vs HIRA NAND SINDHI (GHORIWALA)

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2006 Supreme(SC) 1328

SUPREME COURT OF INDIA
K.G. BALAKRISHNAN, D.K. JAIN, JJ.
MOHINDER KAUR AND OTHERS – Petitioners
Versus
HIRA NAND SINDHI (GHORIWALA) AND ANOTHER – Respondents
SLPs (C) Nos. 17823-24 of 2005
Decided on : 05-05-2006

Important Points

Interest on compensation awarded for loss of consortium in motor accident claims must be calculated from the date of filing the petition before the Tribunal, rather than from the date of the court's order.

Subject

Civil Law - Motor Accident Claims

Headnote

(A) Motor Accident Claims - Loss of consortium - Interest - High Court granted Rs. 50,000 for loss of consortium with interest @ 9% p.a. from the date of the passing of the order instead of the date of filing of the petition - Interest on the amount awarded for loss of consortium should be granted from the date of filing of the petition before the Tribunal.

Facts of the case:
A petition was filed before the Motor Accidents Claims Tribunal. The High Court granted a sum of Rs. 50,000 for loss of consortium with interest at 9% per annum calculated from the date of the order. The petitioners contested this, claiming that interest should instead be awarded from the date the petition was originally filed before the Tribunal.

Findings of Court:
The court found that interest @ 9% per annum on the amount of Rs. 50,000 should be allowed from the date of filing of the petition.

Issues: Whether the interest on the compensation amount for loss of consortium should reasonably commence from the date of the order or from the date of filing the claim petition.

Ratio Decidendi: Interest on the compensation awarded for loss of consortium in motor accident claims is to be calculated from the date of filing of the petition.

Result: Special leave petitions disposed of accordingly.

Legal Category Hierarchy

ORDER

Heard the learned counsel for the petitioner.

The counsel for the respondent though served but not appeared. This petition is filed against the order of the Motor Accidents Claims Tribunal. In addition to the award passed by the Tribunal the High Court was pleased to grant Rs. 50,000 for loss of consortium with interest @ 9% p.a. from the date of the passing of the order i.e. 18-8-2004 till the date of realisation instead from the date of filing of the petition i.e. 20-5-1982. The petitioner claims that she should have been allowed to have interest from 20-5-1982 i.e. from the date of filing of the petition before the Tribunal.

We, therefore, allow interest @ 9 per cent per annum on the amount of Rs. 50,000 from the date of filing of the petition i.e. from 20-5-1982. The special leave petitions are disposed of accordingly.

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