L. RATH, J.

( 1 ) THE sole question for which this reference has been made to this Bench is whether in assessing compensation under S. 110-D of the Motor Vehicles Act and reaching the figure of the lump sum payable, the prevailing interest rate payable by the banks is available to be taken into consideration so as to limit the lump sum to the figure which if deposited in a bank would generate annual interest equal to the annual loss of dependency. In an earlier Division Bench decision reported in (1979) 47 Cut LT 368 (O. R. T. Company Ltd. v. Sibananda Patnaik) a view had been taken that a lump sum compensation cannot be determined on the basis of the interest rate of banks since the interest rate varies and there is no provision under the Motor Vehicles Act to review the compensation once awarded on the basis of variance of rate of interest and further, the persons entitled to compensation should have control over the compensation amount since there is no justification to keep it out of their reach to make an annuity available to them. The question was again considered in (1986) 62 Cut LT 457 (O. R. T. Company Ltd. v. Umakanta Singh) wherein a view was taken relying upon AIR 1986