AMRESH KUMARI Vs. NIRANJAN LAL JAGDISH PARSHAD JAIN
LAWS(SC)-2009-8-95
SUPREME COURT OF INDIA
Decided on August 24,2009

AMRESH KUMARI Appellant
VERSUS
NIRANJAN LAL JAGDISH PARSHAD JAIN Respondents

JUDGEMENT

D.K. Jain and H.L. Dattu, JJ. - (1.) DELAY ('M.A.C.T.' for short) as enhanced by the condoned. Leave granted. learned single Judge of the High Court vide order dated 18.8.2004 passed in F.A.O. No.
(2.) THE short question arising for consid- 178 of 1990 and CM. No. 1132 of 1991 eration in this appeal is with regard to the is payable to the appellant-claimant. While period for which interest on the amount enhancing the amount of compensation the of compensation awarded by the Motor learned single Judge has awarded simple Accidents Claims Tribunal, New Delhi interest at the rate of 9 per cent per annum from the date of his order, whereas the M.A.C.T. had awarded interest at the rate of 9 per cent per annum from the date of filing of the petition till the date of realization. We have heard learned counsel for the parties. The question whether interest on the amount of compensation determined to be payable to claimant is to be awarded from the date of the award or from the date of the filing of the claim petition came up for consideration before this court in Mohinder Kaur v. Hira Nand Sindhi (Ghoriwala), 2007 ACJ 2123 (SC), to which one of us (D.K. Jain, J.) was a party, it was held that the claimant was entitled to interest from the date of filing of claim petition.
(3.) FOLLOWING the said decision, we hold that the appellant would be entitled to simple interest at the rate of 9 per cent, as awarded by the learned single Judge, from the date of filing of the claim petition, i.e., 11.8.1986. Accordingly, the appeal is allowed and the impugned order is set aside to the extent that the appellant shall be paid simple interest at the rate of 9 per cent on the amount of enhanced compensation from the date of filing of the claim petition. The appeal stands disposed of in the above terms with no order as to costs. Appeal allowed.;


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