Injured Van Passenger’s ₹50,000 Compensation Unchanged; Orissa HC Grants 6% Interest From Claim Filing Until Payment

On 26 June 1989, the appellant was injured when a Maruti van in which she was travelling capsized near Motanga.

She was treated as an inpatient at SCBMCH, Cuttack, including a later admission for removal of implants.

The Motor Accident Claims Tribunal awarded her Rs. 50,000, with interest at 6% per annum only from three years before the date of judgment until payment.

The appellant appealed, seeking enhanced compensation and interest from the date of filing the claim; the appeal was filed 115 days late

Section 5 of the Limitation Act, 1963 permits a delayed appeal to be admitted where sufficient cause is shown; the Court stated that a shorter delay should be approached liberally and that substantial justice should generally prevail over technical considerations

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against a Claims Tribunal’s award

The judgment cites no specific precedent or statutory provision governing the rate or commencement of interest; it assessed the Tribunal’s interest direction on the circumstances of the case

The Court condoned the delay, noting that the appellant was a claimant, the insurer had filed no written objection, and the delay had been sufficiently explained.

On compensation, the appellant had produced only a photocopy of the disability certificate, had not explained the absence of the original discharge certificate, and had not produced the disability certificate before the High Court.

Nor was there valid supporting evidence for the claimed medical expenses.

Given the injuries, treatment and amounts already awarded for treatment, pain and suffering, and loss of amenities, the Court found no evidentiary basis to increase the Rs. 50,000 award.

It nevertheless held that the Tribunal had erred in limiting interest to the period beginning three years before judgment and substituted interest from the date the claim application was filed.

The compensation award of Rs. 50,000 was otherwise confirmed, with interest at 6% per annum payable from the date of filing of the claim application until realization.

The insurer was directed to deposit the amount before the Tribunal within eight weeks for disbursement to the appellant