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2008 DIGILAW 837 (RAJ)

Laxmi Devi v. Sita Ram

2008-03-19

R.C.GANDHI

body2008
JUDGMENT 1. - This appeal has been preferred against the award dated 1 25.11.2005 passed by the Motor Accident Claims Tribunal, Alwar in claim petition No. 172/2004 whereby a sum of Rs. 17,63,308/- has been paid as compensation on account of death of a person in a road accident, on the ground that interest was awarded from the date of judgment and not from 5 the date of filing of the claim petition which is erroneous and deserves to be set aside. 2. Learned counsel for the respondent No. 3 is directed to accept notice on behalf of insurance company. He has put appearance. Learned counsel for the parties pray for disposal of the appeal which is accordingly io taken up for disposal. 3. Heard learned counsel for the parties and perused the record. 4. Payment of interest on the award from the date of claim petition is a settled proposition of law and deviation therefrom is discriminatory. The Tribunal has awarded interest with the stipulation that if the award is not 15 deposited within 30 days, the respondents shall be liable to pay interest at the rate of 6% per annum. This stipulation is contrary to the judgments of the Supreme Court wherein it is settled that interest has to be awarded from the date of filing of the claim petition. Accordingly, the award to the extent of payment of interest is modified and it is directed that the claimants shall be 20 entitled to the interest at the rate of 6% per annum from the date of filing of the claim petition till realization.The appeal is allowed to that extent.Appeal allowed as above. *******