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Madhya Pradesh High Court · body

1998 DIGILAW 603 (MP)

Sunila v. Roop Chand

1998-08-18

S.S.JHA, SHACHEENDRA DWIVEDI

body1998
JUDGMENT The only contention of the appellants in this appeal is that the interest is awarded from the date of the order, which is contrary to law, and the appellants are entitled to get interest at least from the date of application. Counsel for the respondents submitted that the rate of interest so awarded from the date of the award is proper and no interference is called for. The quantum of compensation is not under challenge; only point involved in this appeal is as to the date from which the interest is payable. It is settled position of law that interest is payable from the date of filing of the application in the Tribunal. Therefore, the appellants are entitled to get interest from the date of institution of the claim-petition. The claim-petition was filed on 5.8.1987. We have perused the order-sheets of the Tribunal. It is found that there is some delay on the part of the claimants in adducing evidence. However, claimants' witnesses were present in Court on 16.10.1989, but the evidence could not be recorded as the Presiding Officer was on leave. Subsequently, when the case was fixed for recording evidence, the Presiding Officer superannuated from service and then again the case was fixed for recording evidence on 16.1.1991. However, on 16.1.991, the claimants have not summoned their witnesses and again on 14.3.1991, the witnesses of the claimants were not present. Subsequently, the claim-petition was dismissed on 16.11.1993 as the claimants were not examined. Then the claim-petition was restored in the year 1995 and evidence was adduced on 22.1.1996. Admittedly, there is a delay on the part of the claimants in adducing evidence. They failed to adduce evidence from 6.3.1989 onwards. In these circumstances, the claimants will not be entitled for interest for the period of delay caused by them in trial, between 7.3.1989 to 6.11.1995. During this period, the claimants have failed to adduce evidence and their claim was also dismissed. They shall be entitled to interest from 5.8.1987 to 6.3.1989 and from 6.11.1995 till the date of Award. The A ward in respect of interest is modified and appellants shall be entitled for interest as mentioned above. The appeal succeeds in part.