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1992 Supreme(Kar) 339

KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE – Appellant
Versus
GOWRAMMA AND OTHERS – Respondent


Advocates:
M.V.SESHACHALA

M. RAMAKRISHNAT J.

( 1 ) WE heard learned counsel appearing for the appellant.

( 2 ) IN this appeal presented by K. S. R. T. C. , the only ground taken is that the award of interest at 9% p. a. on the interim compensation of Rs. 25. 000/- awarded under section 140 of the Motor Vehicles Act, was incorrect

( 3 ) LEARNED counsel for the appellant places reliance upon the decision of the Rajasthan High Court in Dhapa Kamvar and Others v Kishanlal and Another, 1992 acj 163. In para 12 of the Judgment, learned Chief Justice observed as follows:"counsel for the appellants also made a prayer for payment of interest on the amount awarded as no fault compensation. There being no provision in the Act, no interest is awardable. The tribunal has power only that which was conferred on it. It was not a court acting while deciding a claim petition to which Code of civil Procedure applied and interest could be awarded under Section 34 of the same. The legislature does not, to my mind, have any intention to award interest in these proceedings inasmuch as it was a provision made for giving immediate relief to the claimants and it was not thought appropriate that provision for payment of interest shoul







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