Smt. Tulsa Devi and Others vs Babu Ram and Others

FAFO is restored to its original number vide order of date passed on the C.M. Application No. 93610 of 2009.

An appeal u/s 173 of the Motor Vehicle Act has been preferred against the impugned award for the enhancement of compensation including interest.

In brief, on 8.2.1993 at about 8.30 am near village Lacchipur, Thana Kheri, District Rae Bareli, deceased Puttilal Yadav and Chandra Pal met with an accident with Jeep No. U.P.32/D-9435 driven rashly and negligently by the Driver. An FIR was lodged and dependants of the deceased had approached the Tribunal by preferring a claim petition under the Motor Vehicle Act. The Tribunal framed issues with regard to accident occurred from the jeep and after recording evidence awarded compensation.

A solitary argument advanced by the learned Counsel for the appellant is that the appellants are entitled for interest from the date of moving applications. Appellants also prayed for enhancement of compensation.

Learned Counsel for the appellant has relied upon a Judgment reported in 2006 (1) T.A.C. 942 (P & H) Harbhagwant singh Dhillon v. Haryana Roadways, Rewari and Ors. 2006 (1) T.A.C. 965 (S.C.) Oriental Insurance Co. Ltd. v. R. Swaminathan and Ors., 2008 (1) T.A.C. 665 (M.P.) Rajiv Vyas v. Arun Gupta and Ors. and submits that the Tribunal should have awarded interest from the date of submission of application.

A perusal of the impugned award shows that the Tribunal had granted interest subject to rider that in case compensation is not paid within a period of one month the appellants shall be entitled for the interest from the date of expiry of the period of one month. To that extent finding recorded by the Tribunal suffers from impropriety or illegality. Tribunal should have granted interest in view of law settled by Hon''ble Supreme Court and another High Court of the country from the date of submission of such applications.

In the case of R. Swaminathan (supra) their Lordship of Hon''ble supreme Court had granted interest @ 12 per cent per annum from the date of filing of claim petition till realization of compensation. The other judgements also supported the view that the interest should be paid from the date of moving of application before the Tribunal.

In view of above, impugned award is modified to the extent that the appellants shall be entitled for interest from the date of filing of application before the Tribunal. The tribunal shall compute the compensation accordingly and execute the same expeditiously. The amount deposited in this Court shall be remitted to the Tribunal by the registry forthwith.

Subject to above, FAFO is allowed in part. Impugned award stands modified accordingly. Cost easy.