TITHI GARG Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) Leave granted.

(2.) The only question is about the payment of interest on the amount awarded to the appellant who is a minor daughter of the person who died in a motor accident. A sum of Rs. 7,32.000.00 was awarded by the Motor Accidents Claims Tribunal out of which Rs. 5 lakhs was awarded to the appellant herein and the remaining amount of Rs. 2,32,000.00 was awarded to the father of the deceased. At the stage of execution, the question arose as to the payment of interest on the amount of Rs. 5 lakhs awarded to the appellant. The Tribunal held that the entire amount of interest is payable to the father i.e. the second respondent herein. This interpretation was made on the award of the Tribunal presumably by reason of some ambiguity in the operative portion of the order of the Tribunal. However, going by the tenor and substance of the award, it is apparent that the Tribunal did not intend to award interest only to the father to the exclusion of the daughter. The High Court declined to go into this aspect as it held that the special appeal was not maintainable. We, therefore, dispose of this appeal with the direction that the interest payable should be apportioned proportionately between the appellant and Respondent 2.