Siri Pal And Ors. vs Delhi Transpokt Corporation
1991 Latest Caselaw 770 Del

Citation : 1991 Latest Caselaw 770 Del
Judgement Date : 5 December, 1991

Delhi High Court

Siri Pal And Ors. vs Delhi Transpokt Corporation on 5 December, 1991

Equivalent citations: 46 (1992) DLT 157

Author: P Nag

Bench: P Nag

JUDGMENT

P.N. Nag, J.

(1) This appeal is directed against the order dated 17.12 1986 passed by Shri V.B. Gupta, Judge, Motor Accident Claims Tribunal whereby the Tribunal has awarded a sum of Rs. 60,000.00 to the appellants. The amount was to be paid to the appellants as per the directions issued therein. Respondent No. 2-Delhi Transport Corporation was also held liable to pay Interest at the rate of 9 per cent per annum from the date of the impugned judgment till realisation.

(2) Being aggrieved against this order dated 27th January, 1988, the appellants have filed the present appeal and prayed for enhancement of compensation along with interest at the rate of 18% per annum from the date of presentation of the petition till realisation. However, the appeal was admitted on the question of interest only.

(3) The appeal was placed before the Lok Adalat on 7th July, 1991 and the parties voluntarily agreed to resolve the controversies before the Court amicably. They also agreed to abide by the terms and conditions of the Lok Adalat Settlement and re-affirm the settlement made therein before the Court. The case was settled on the terms and conditions that the interest at the rate of 12 per cent per annum be paid from the date of petition, i.e., 5.10.1981 till the date of payment. The respondent Corporation undertook to make the payment within six weeks from that date. The compromise is signed by the Lok Adalat Judges and Counsel for the parties. I am satisfied that the claim of the appellants has been settled by lawful agreement. I, therefore, allow the appeal of the appellants to the extent, as mentioned In the compromise, and award interest on the awarded amount of Rs. 60.000.00 at the rate of 12% per annum with effect from the date of filing of petition, ie., 5.10.1981 till the date of payment.

(4) Though the Delhi Transport Corporation bad undertaken on 7.7.1991 to make the payment of interest within six weeks from that date, but I am informed that no payment has yet been made. D.T.C. is now directed to make the payment positively within one month from today.

(5) The appeal is disposed of. No costs.