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2007 Supreme(Bom) 1619

C.L.PANGARKAR
SHASHIKANT s/o JAIKUMAR MAKHE – Appellant
Versus
SHANTABAI w/o RAMSWARUP SARDA – Respondent


Advocates:
Advocate appeared
For appellants: D. P. Thakre
For respondents: D. N. Kukday
In F. A. No. 320 of 2004:
For appellant: A. P. Tathod
For respondent No.3: Joharapurkar

ORAL JUDGMENT:- These three First Appeals can be disposed of by common judgment, since identical question of law and facts are involved.

2. All the appellants had instituted applications under section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal at Akola. All the applicants claimed compensation on account of death of their kith and kin. The learned Judge of the Motor Accident Claims Tribunal passed awards in all the petitions. While passing the said award, the learned Judge of the Tribunal, however, awarded 12% interest from date of award till realisation of the amount. Being aggrieved by that order of award of interest from date of award and not from date of application, these first appeals have been preferred.

3. I have heard the learned counsel for the appellants and the respondents.

4. The only point which arises for my consideration is –

Point Findings

Whether the learned Member of the Tribunal had

Properly exercised the discretion vested in him in

awarding the interest from date of award? No.

5. The learned Member of the Tribunal has awarde













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