Vandana Dheman & Ors vs Surinder Singh & Ors
2012 Latest Caselaw 3412 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision: 21st May, 2012
+       MAC.APP. 505/2012

        VANDANA DHEMAN & ORS               ..... Appellant
                   Through: Mr. S.N.Parashar, Adv.

                     versus

        SURINDER SINGH & ORS                         ..... Respondent
                     Through:            Nemo.


        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                              JUDGMENT

G. P. MITTAL, J. (ORAL)

CM APPL.8483/2012 (delay)

1. There is a delay of 24 days in filing the Appeal.

2. For the reasons stated in the application, the delay of 24 days in filing the Appeal is condoned.

3. The application is allowed.

MAC.APP. 505/2012

4. The only ground of challenge in the instant Appeal is that the interest on the enhanced amount was not granted by the Motor Accident Claims Tribunal (the Claims Tribunal) for the period from 01.09.2009 to 10.01.2012.

5. A Claim Petition was initially filed by the Appellant seeking compensation for the death of Anuj Kumar in a motor accident which occurred on 21.10.2007. A compensation of `09,07,304/- was awarded by the Claims Tribunal by a judgment dated 01.09.2009.

6. Being dissatisfied, the Appellant came to this Court by way of MAC APP.601/2009. The case was remanded back to the Claims Tribunal with the direction to consider the evidence with regard to the salary of the deceased. By order dated 10.01.2012, the compensation was enhanced to `17,50,640/-. On the enhanced amount, the interest @ 7.5% was awarded only from the date of filing of the initial petition till the date of the first award i.e. 01.09.2009 and then from the date of passing of the second award i.e. 10.01.2012 till the amount was paid.

7. It is urged that there was no conceivable reason to withhold grant of interest on the enhanced compensation for the period 01.09.2009 to 10.01.2012. Obviously, the Appellants would be entitled to interest during this period i.e. from the date of passing of the first award and the date of passing of the second award in pursuance to the remand of the case by this Court by order dated 23.09.2011.

8. The Appellants are accordingly allowed interest @ 7.5% per annum on the enhanced amount i.e. `8,43,336/- (17,50,640/- - 09,07,304/-) from 02.09.2009 to 10.01.2012.

9. The interest shall be apportioned in favour of the three Appellants in terms of the order passed on 10.01.2012 by the Claims Tribunal.

10. The Appeal stands disposed of.

(G.P. MITTAL) JUDGE MAY 21, 2012 vk