High CourtsSingle Bench

Naju (Smt.) and Others vs Dhala Ram and Others

Rajasthan High Court · Decided on 12 January 2009 · Citation: (2009) 2 WLN 453

HON’BLE JUDGES
P.C. Tatia, J
ACTS & SECTIONS REFERRED
Motor Vehicles Act, 1988 — Section 171
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Judgment

7 paragraphs · 205 words

Prakash Tatia, J.—Heard learned Counsel for the parties.

2.

The short point involved in this appeal is whether the Motor Accident Claims Tribunal, Barmer committed error by awarding interest from the date of award and by not awarding interest from the date of filing of the claim petition?

3.

In view of Section 171 of the Motor Vehicles Act, 1988, the interest is required to be awarded from the date of filing of the claim petition.

4.

In view of the above facts and Section 171 of the Motor Vehicles Act, the award of interest from the date of award is set aside and it is held that the claimants shall be entitled to interest from the date of filing of the claim petition.

5.

Learned Counsel for the appellant also submitted that the award of interest at the rate of 6% per annum is too low.

6.

I do not find any reason to interfere in the award passed by the Tribunal for the accident which has occurred in the year 2001 and the Tribunal''s discretion to award the interest at the rate of 6% p.a. cannot be found wrong.

7.

Accordingly, this appeal is partly allowed in the light of the reasons above.