SANJEEVINI ANANDA AWATE Vs. MANAGING DIRECTOR HIRANYAKESHI SAHAKARA

JUDGEMENT

(1.) THIS matter is placed before me as per the order of the Hon'ble chief justice, under Section 98 (2) of Code of Civil Procedure, in view of difference of opinion on a point of law (regarding interest to be awarded in motor accidents claims) between two learned judges of a division bench of this court, who heard the appeal. The differing views of the two learned judges are reported in Sanjeevini Ananda Awate V. Managing Director, Hiranyakeshi Sahakara Sakkare Karkhane, ILR 2000 kar 4860.

(2.) THIS appeal is by the claimants in m. v. c. No. 15 of 1989, on the file of m. a. c. t. iii, belgaum. The claimants were respectively widow, father, mother and two minor children of one ananda awate, who died on 7. 1. 1989, as a result of injuries sustained in a motor accident which occurred on 31. 12. 88. The tribunal by judgment and award dated 16. 9. 1991, allowed the said claim petition in part and awarded compensation of Rs. 76,000 with interest at the rate of 6 per cent per annum from the date of petition till realization. In this appeal, filed by the claimants, the division bench by judgment/order dated 26. 9. 2000, has enhanced the compensation to Rs. 2,20,000. Both the judges have concurred in regard to the quantum of compensation, but have differed in regard to the rate of interest to be awarded on the amount of compensation. Tilhari, j. , was of the view that the interest should be awarded at the rate of 9 per cent per annum from the date of petition till date of realization or deposit. Vallinaayagam, j. Was of the view that the interest should be only at the rate of 6 per cent per annum.

(3.) IN view of said difference of opinion on the point of law, the learned judges were of the view that the matter be placed before a full bench. However, there was no concurrence even in regard to the questions that should be referred to the full bench. Tilhari, j. Wanted to refer the following six questions of law for opinion: