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2008 Supreme(Cal) 269

BHASKAR BHATTACHARYA, RUDRENDRA NATH BANERJEE
Kohinur Begum – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates appeared:
Amit Ranjan Roy, for Appellant; Saibalendu Bhowmik, for Respondent.

Judgement

BHASKAR BHATTACHARYA, J. :- This appeal under Section 173 of the Motor Vehicles Act is at the instance of the claimants in the proceedings under Section 166 of the Motor Vehicles Act, 1988 and is directed against an award dated June 29, 2007 passed by the Motor Accident Claims Tribunal, 1st Court, Asansol in M.A.C. Case No. 53 of 2006/149 of 2006.

2. By the said award, the Tribunal below awarded a sum of Rs. 7,50,000/- in favour of the three claimants with a direction upon the New India Assurance Company Limited, the opposite party No. 2 therein, to make payment of the said sum within two months from the date of award failing which, it was ordered, the claimants would be entitled to get interest at the rate of 9 per cent per annum till realisation of the compensation in full.

3. Being dissatisfied, the claimants have come up with the present appeal.

4. The only question that has arisen for consideration in this appeal is whether the Tribunal below was justified in not granting any amount of interest in favour of the claimants/appellants by exercising discretion vested in it under Section 171 of the Act. We have already pointed out that the Tribunal granted interest at the rat

































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