NIROTI Vs. JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL KARAULI

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order of the learned single judge who has been pleased to dismiss the writ petition and upheld the order of the executing court which has refused to award interest to the appellants-claimants on the amount of compensation from the date of the filing of the application but awarded interest from the date of the judgment and order passed on 15. 2. 2001 by the learned single judge.

(2.) TO clarify the aforesaid position it may be stated that the appellants initially had filed a claim petition before the Motor Accident Claims Tribunal which was dismissed but they succeeded in appeal before the High Court, where the claim was allowed and a sum of Rs. 1,50,000/- was determined by way of compensation, besides Rs. 2000/- towards funeral expenses, and accordingly an award was passed in favour of the appellants. The learned single judge while allowing this appeal also held that the claimant - appellants shall be entitled to interest on the amount of compensation at the rate of 10% per annum, but it did not record specifically from which date the rate of interest shall be calculated, meaning thereby, there was no specific order whether the interest would be payable from the date of the judgment and order of the learned single judge or it would be calculated from the date of filing of the application. This became the point of dispute before the executing court where the appellants had filed an application for execution of the award.

(3.) CONSEQUENTLY, this appeal is dismissed. .