G.M. Lodha, J. - (1.) THIS is an appeal by the Rajasthan State Road Transport Corporation against the award of compensation in a case of accident to the widow and minor children of the deceased.
(2.) NO one has appeared on behalf of the Corporation to support and argue this appeal. Mr. G.C. Mathur has appeared on behalf of widow Manumati and the minor children. Mr. Mathur submits that not only this appeal should be dismissed but the interest should be increased from 6 per cent to 12 per cent as the Hon'ble Supreme Court in the decision of Chameli Wati v. Delhi Municipal Corporation, 1985 ACJ 645 (SC), decided that in case of compensation for accident the rate of interest should be 12 per cent. Mr. Mathur submits that even though the Cross -objection has not been filed by the widow and minor children yet this Court can enhance the rate of interest by resorting to Order 41, Rule 33, Code of Civil Procedure and even otherwise. He relies upon the two decisions of this Court. In Rajasthan State Road Transport Corporation v. Kapoori Bai S.B. Civil Misc. Appeal No. 144 of 1973; decided on July 31, 1984, this Court has taken the view that the Tribunal should have awarded interest according to Section 110 -CC. The wordings of this section are that where any court or Tribunal allows a claim of compensation made under this Act, such court or Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in that behalf.
(3.) THIS Court then opined that in cases of compensation the interest should be allowed and further that even in the absence of cross -objections, it is the duty of the court whether a cross -objection is filed or not filed to see that the award is made in accordance with the statutory provisions and the interest on compensation should be awarded from the date of making the claim as may be fixed by the learned Tribunal.;