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Rajasthan High Court · body

2011 DIGILAW 2466 (RAJ)

Banwari Lal v. Hari Mohan Lal Sain

2011-11-16

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—Only ground raised by learned counsel for the appellants to challenge the award dated 15.11.2006 of learned Motor Accident Claims Tribunal, Alwar District, Alwar, in MAC Case No.443/2005, by which learned Tribunal has awarded a compensation of Rs.2,25,000/- in favour of claimant-appellants, is that no interest has been awarded on the amount of compensation, which is the legal entitlement of the appellants. Learned counsel has relied on the judgments of the Supreme Court in Chameli and Another vs. Municipal Corporation of Delhi and others – AIR 1986 SC 1191 and Ramzan Khan and Another vs. National Insurance Company Limited – 2009 RAR 33 (SC), and judgments of this court in Shri Monik Jain vs. Shri Bhagwan Singh and Others, S.B. Civil Miscellaneous Appeal No.1239/2000, decided on 01.04.2009 = 2009(2) CCR 1258 (Raj.), and Mahaveer Prasad Rawat and others vs. Govind Ram and Others, S.B. Civil Miscellaneous Appeal No.1747/2000, decided on 28.04.2009. 2. Learned counsel for respondent No.3 insurance company, has argued that learned Tribunal has awarded compensation of Rs.2,25,000/- for the death of a minor daughter of appellants, aged 8 years, which is on higher side. It was further submitted that according to award of the Tribunal, the compensation was ordered to be paid to the appellants within a period of thirty days and, therefore, no interest was required to be paid. The direction of the Tribunal was that in case payment of amount of compensation is not made within the prescribed period, the appellants shall be entitled to receive interest thereon at the rate of 6% per annum from the date of the award. 3. Having regard to the facts of the present case and aforesaid judgments of the Supreme Court, I am of the view that interest at the rate of 6% ought to have been paid to the claimant-appellants from the date of filing of the claim petition till the actual payment of the compensation is made by the respondent insurance company. Accordingly, the appellants are held entitled to interest at the rate of 6% per annum on the amount of compensation from the date of filing of the claim petition till actual payment thereof. With that direction, the appeal is allowed.