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2003 Supreme(Kar) 36

T.S.THAKUR, D.V.SHYLENDRA KUMAR
SANJEEVINI ANANDA AWATE – Appellant
Versus
MANAGING DIRECTOR, HIRANYAKESHI SAHAKARI SAKKARE KARKHANE – Respondent


Advocates:
ASHOK R.KALYAN SHETTY, M.S.SURYANARAYANA RAO

THAKUR, J.

( 1 ) THIS appeal was heard by a Division Bench comprising Hon'ble h. N. Tilhari and T. N. Vallinayagam, JJ. The judgment granted a certain enhancement in the amount of compensation payable to the claimants-appellants herein. As regards the rate of interest awardable on the amount of compensation, there was a difference of opinion between the Judges comprising the Bench. While Tilhari, J. held the claimants entitled to interest at the rate of 9 per cent per annum from the date of the claim petition till the date of payment, vallinayagam, J. took a contrary view holding that the claimants were not entitled to anything more than 6 per cent per annum from the date of the claim petition till payment. Both the learned Judges relied upon decisions of the Apex Court and those delivered by this court in support of the views taken by them and eventually recommended to the Hon'ble Chief Justice to refer the issue as to the rate of interest to a Full Bench for an authoritative pronouncement. The Hon'ble Chief Justice, however, viewed the difference of opinion between the two Judges as a case calling for a reference to only a third Judge for resolving the conflict under section 98 (





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