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1993 Supreme(Kar) 117

M.RAMAKRISHNA RAO, M.M.MIRDHE
P. RAMADEVI – Appellant
Versus
C. B. SAIKRISHNA – Respondent


Advocates:
G.V.THIMMAPPIAH, H.G.RAMESH, S.P.SHANKAR

( 1 ) THIS miscellaneous first appeal is filed by the appellant against the judgment and award dated 14-2-1992 passed by the Motor Accident Claims Tribunal, Bangalore Rural District, Bangalore, in M. V. C. No. 208 of 1987.

( 2 ) WE have heard the learned counsel for the appellant and the learned counsel for the respondents fully and perused the records of the case.

( 3 ) THOUGH the appellant has preferred an appeal against the quantum of compensation awarded to him by the Tribunal, he has confined himself in this appeal only regarding the award of interest. The Tribunal has awarded interest at the rate of 6 per cent per annum whereas the contention of the appellant is that the Tribunal ought to have awarded interest at 12 per cent per annum from the date of the petition till the date of realisation.

( 4 ) THE learned counsel for the appellant submitted that in view of the provisions of S. 34, C. P. C. and the rate of interest granted in the Land Acquisition Cases, the Tribunal ought to have granted interest at the rate of 12 per cent per annum. The learned counsel for the respondent-Insurance Company has opposed this contention of the learned counsel for the appellant on the ground









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