Motor Vehicle Accident claim – Denial of interest – The High Court had partly accepted appeal while enhancing the compensation, however, it denied the interest for the delay of
708 days in filing appeal and interest for the period between 22.06.2016 to 13.07.2023 – Justified or not:
Held: As far as assessment of compensation is concerned, the same does not call for interference by this Court – The appellants-claimants, for the period between 22.06.2016 to 13.07.2023, have been denied interest on the ground that there was delay on the part of the counsel for the appellants-claimants in not supplying the copy of the paper book to the counsel for the insurance company – Once the matter was before the Court, the appellants-claimants should not be deprived of the interest for the period between 22.06.2016 to 13.07.2023 – It cannot be said to be the fault on the part of the appellants-claimants, comparable to a fault in filing the appeal beyond the period of limitation – In the case in hand, the appeal was barred by 708 days – The High Court while condoning the same, specifically directed that the appellants-claimants will not be entitled to any interest for the aforesaid period, in case the amount of compensation is enhanced – The order is quite reasonable – The aforesaid delay in filing the appeal was attributable to the appellants-claimants, hence, they will not be entitled to the interest for the period of 708 days – At the same time, after having filed the appeal and during the pendency, the appellants-claimants should not be made to suffer directing for non-payment of interest, because for such default claimants alone could not be held responsible – Consequently, denial of interest to the appellants for the period between 22.06.2016 to 13.07.2023 as directed is not justified. [Paras 9, 10, 11]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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