- (1.) This appeal filed by the claimants is against a Judgement and Award dated 16th September, 2014 passed by the Motor Accident Claims Tribunal (Judge, Special Court -Cum -Additional District Judge), Burdwan in Motor Ac accident Claim Case No. 96 of 2005/481 of 2002.
(2.) By the award impugned, the appellant claimants have been awarded compensation of Rs.6,50,000/ - with interest at the rate of 7.50% from the date of the award till the date of realization.
(3.) Learned Counsel appearing on behalf of the appellant claimants submits that the claimants are pressing the appeal only to the extent the appellant claimants have been denied pendente lite interest and against the low rate of interest. Since the appeal has not been pressed on any other issue except the issue of interest, the Tribunal records are not necessary nor are paper books necessary. The requisitioning of Tribunal/Lower Court records and preparation of informal paper books in terms of the Order of this Court dated 18th January, 2016 is dispensed with. It is contended interest should have been granted from the date of filing of the claim application and that the interest rate should have been 9% per annum and not 7.50% per annum. Reference has been made in this regard to the judgment of the Supreme Court in Surti Gupta Vs. United India Insurance Co. & Anr. reported in 2015 SAR (Civil) 57, where the Supreme Court held as follows: " The High Court has further erred in awarding an interest at the rate of 6% per annum only instead of 9% per annum on the compensation amount as per the principles laid by this Court in the case of Municipal Corporation of Delhi V. Association of Victims of Uphaar Tragedy [ (2011) 14 SCC 481]. We accordingly award an interest at the rate of 9% per annum on the compensation amount." ;