G. N. Ray, J. - (1.) Leave granted. Heard Learned counsel for the parties.
(2.) The question that calls for the decision of this Court is whether Order XXI Rule 1 (2) Code of Civil Procedure is applicable in respect of the claims under Section 110 (c) of the Motor Vehicles Act, 1939 and whether it was justified in awarding interest on the decretal amount from June 26, 1986 (the date of deposit of the decretal amount in Court) to April 19, 1989 (when decree holder came to know about the deposit of the amount)
(3.) The relevant facts of the case are that an accident had taken place on May 7, 1983 in which one Shri Subhash Chand Pahwa who was travelling in the bus belongiing to the appellant Rajasthan State Road Transport Corporation from Jaipur to Delhi died due to accident by colliding with a truck. A claim petition was filed on August 23, 1983 by respondent No. 1, 2 and 3, namely, the widow, minor son and daughter of the deceased against the appellant and respondent No. 4, Shri Deepak Thakur who was the driver of Truck No. HRU 2995, respondent No. 5, Shri Durga Prasad Parnami, the owner of the said truck, respondent No. 6 M/s. New Delhi Assurance Company limitted and respondent No. 7, Ami Chand being the driver of bus No. RNB 7720 of the Rajasthan State Road Transport Corporation.;