Interest under Section 171 of the Motor Vehicles Act should be awarded from the date of filing of claim until payment, ensuring fair compensation for claimants delayed by legal processes.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. N.D. Bhuyan, learned counsel for the appellant. Also heard Ms. R.D. Mozumdar, learned counsel for the respondent No. 2; and Mr. R.C. Paul, learned counsel for the respondent No. 3. None appears for the respondent No. 1.

2. This appeal, under Section 173 of the M.V. Act, 1988, is directed against the judgment and award, dated 21.07.2015, passed by the learned Member, Motor Accident Claims Tribunal, Nalbari, in MAC Case No. 9/2008.

3. It is to be noted here that vide impugned judgment and award, dated 21.07.2015, the learned Member, Motor Accident Claims Tribunal, Nalbari (‘Tribunal’, for short) had directed the respondent No. 2/United India Insurance Company Limited to pay a sum of Rs. 2,72,000/-, being the compensation, to the appellant/claimant, within 60 days from the date of award, and also directed that in the event of failing to pay the same, the amount will carry interest @ 6% per annum, which would be calculated from the date of award till final payment.

4. The background facts, leading to filing of the present appeal, are briefly stated as under:

“On 01.05.2007, at about 3 p.m., Md. Afazuddin Ahmed, the appellant/claimant, was standing on the left side of the road, then suddenly one Auto Rickshaw, bearing Registration No. AS-01-J-9792, driven in a rash and negligent manner, knocked him down from the front side. As a result, Afazuddin Ahmed had sustained serious injuries on his person. He was taken to Azara Primary Health Centre, from where he was referred to Gauhati Medical College and Hospital. After two days of treatment at Gauhati Medical College and Hospital, he was shifted to Popular Nursing Home, Patna by his family members and admitted there on 06.05.2007. During the course of treatment at Patna, he had to undergo several operations. And because of the injuries suffered by him, he became disabled. In connection with the accident, one FIR was also lodged with the police, upon which Azara P.S. Case No. 135/07, under Sections 279/338/427 IPC was registered against the driver of the offending vehicle, which was insured with the United India Insurance Company Limited, the respondent No. 2 herein, and the vehicle had a valid insurance coverage at the relevant time.

Thereafter, Afazuddin Ahmed/appellant had instituted one claim petition, seeking compensation amounting to Rs. 14,00,000/-. During the pendency of the said claim petition, the appellant had also filed an amendment claim petition impleading himself as opposite party No. 3, being the owner and driver of the vehicle, bearing Registration No. AS-01-N-3985, and also impleaded the New India Assurance Company Limited, the insurer of his vehicle, being the opposite party No. 4. The respondents/opposite parties had filed their written statement denying their liabilities.

Thereafter, taking evidence of the claimant and his witnesses and after hearing learned counsel for both the parties, the learned Tribunal, vide impugned judgment and award dated 21.07.2015, had assessed the compensation, which the appellant is entitled to, at Rs. 3,30,000/-.

Having assessed the compensation at Rs. 3,30,000/-, the learned Tribunal had directed that 10% of the aforesaid amount shall be deducted on account of contributory negligence, on the part of the claimant/appellant and directed that a sum of Rs. 2,97,000/- shall be paid to the appellant/claimant deducting the amount i.e. Rs.25,000/ which has already been paid to the appellant/claimant as interim compensation. It was further provided that the opposite party No. 2, i.e. the respondent No. 2 herein, shall pay the amount of Rs. 2,72,000/- within a period of 60 days from the date of award i.e. 21.07.2015, and in the event of failing to