- (1.) The only issue raised in this instant appeal is that the Tribunal though pursuant to directions of this court, has passed fresh order on 24.4.2012, and though an amount of Rs.8,50,000/- has been directed to be allowed with the recovery rights to the Insurance Company to recover the same from the driver, Udai Singh, and owner, Prabhu Ram, but interest has not been awarded. Counsel for the appellant contends that though now he is not disputing the claim on merits, but the only contention is that the interest which is mandatory, ought to have been allowed by the Tribunal and he contends that under Section 171 of the Motor Vehicles Act, the interest, as may be found reasonable by the Tribunal, should have been allowed.
(2.) Per contra, counsel for the respondent-Insurance Company contended that the word used is "may" in Section 171 of the Act and the Tribunal thought it prudent not to allow interest when claim to the extent of Rs.8,50,000/- has been allowed and, therefore, she contends that the order of the Tribunal is just and proper and needs no interference.
(3.) I have considered the arguments advanced by the counsel for the parties.;