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2001 Supreme(Raj) 1281
High Court Of Rajasthan
Judgename : J.C.VERMA
SUNITA - Appellant
Versus
SKY WING COURIER PVT.LTD. - Respondent
S. B. C. M. A. 149 Of 2001
Decided On : 12/06/2001
The court applied Section 171 to award interest on the compensation amount, emphasizing the importance of complying with statutory provisions.
Headnote:
Interest - Compensation - The court awarded interest at the rate of 9 per cent per annum on the amount of compensation from the date of filing of the application until the payment of the award
Fact of the Case:
The appellants claimed compensation for the death of the deceased. The Tribunal awarded compensation but omitted to mention the interest to be paid on the amount of compensation.
Finding of the Court:
The court found that the Tribunal failed to comply with the provisions of Section 171, which allows for the award of interest from the date of filing of the application. The court held that the claimants were entitled to interest at the rate of 9 per cent per annum on the amount of compensation awarded by the Tribunal.
Issues: Failure of the Tribunal to mention interest on the compensation awarded
Ratio Decidendi: The court's decision was influenced by the provisions of Section 171, which allows for the award of interest from the date of filing of the application, and the failure of the Tribunal to comply with this provision.
Final Decision: The appeal was allowed, and the claimants were entitled to interest at the rate of 9 per cent per annum on the amount of compensation awarded by the Tribunal.
J. C. VERMA, J.
( 1 ) THE appellants are the claimants in this appeal and claiming compensation because of death of deceased ashok Kumar. The Tribunal had awarded the amount of compensation, however, in the award dated 6. 11. 2000, the Tribunal has somehow omitted to mention about the interest to be paid on the amount of compensation. The Tribunal had failed to mention whether the claimants were entitled to interest or not.
( 2 ) LEARNED counsel for the appellants states that in case, the interest was not to be awarded by the Tribunal, in that situation, the Tribunal ought to have rejected the payment of interest by a specific order. Section 171 says that the Tribunal may award interest from the date of filing of the application.
( 3 ) IN my opinion, either the Tribunal ought to have rejected the payment of interest or should have ordered to pay the interest. Tribunal had failed to comply with the provisions of the aforesaid section.
( 4 ) AFTER hearing the learned counsel for the parties, I am of the opinion that the claimants-appellants shall be entitled for interest at the rate of 9 per cent per annum on the amount of compensation so awarded by the Tribunal from 18. 5. 1999 till the payment of the amount of award.
( 5 ) IN view of the above said reasons and discussions, the appeal is allowed and stands disposed of. Appeal allowed. .
