- (1.) The revision petition is against the order passed by the Executing Court allowing for interest on the solatium for a period even before the decision in Sunder Vs. Union of India, 2001 2 LJR 856. The contention is that the decision in Gurpreet Singh Vs. Union of India, 2006 8 SCC 457 case has not been properly followed.
(2.) The decision in Gurpreet Singh's case sets out these propositions:- (i) If there is claim for interest on solatium made by a claimant and it has been impliedly or expressly denied by the decision of the Reference Court or the Appellate Court, the interest cannot be claimed for any period before the decision in Sunder's case . (ii) If the Reference Court or the Appellate Court does not specifically refer to the question of interest on solatium and where the claim has not been made and not rejected then it would be open for an Executing Court to apply the ratio decidendi of Sunder's case to say that the compensation awarded includes solatium as well.
(3.) I asked the counsel whether there had been any specific claim made for interest by the claimant and that it had been impliedly or expressly declined. The counsel for the Union is not able to point out anything that such a claim is made and rejected by the court below.;