ORIENTAL INSURANCE CO LTD Vs. ANANTHARAM RAMACHANDRA KALLURAY

JUDGEMENT

(1.) THE scope of the power of a Motor Accidents Claims Tribunal in the matter of award of interest under section 110CC of the Motor Vehicles Act, 1939 (for short 'the Act'), arises for our decision in this appeal. In a personal injury action, respondent No. 1 made a claim for compensation under the Act before the Motor Accidents Claims Tribunal No. III, Belgaum (for short 'the Tribunal'), against respondents No. 2, respondent No. 3 and the appellants, who were the driver, owner and the insurer respectively of a motor car bearing Registration No. MYB 9857 alleged to have caused an accident resulting in sustains of personal injuries by him. That claim has been allowed by the Tribunal by an award in the following terms.

(2.) RESPONDENT No. 3, the insurer, has questioned the above award in this appeal only in so far as it relates to provision made therein respecting retrospective enhancement of interest for default in payment of the amount of compensation together with simple interest awarded thereunder before the due date specified therein.

(3.) ON the other hand, Sri G. Balakrishna Shastry, learned counsel for respondent No. 1 (claimant), sought to support the provision made in the award relating to retrospective enhancement of interest, relying upon a decision of the Rajasthan High Court in Smt. Chand Kumar V. Mannaram, , and that of the Orissa High Court in National Insurance Co. Ltd. v. Laxmi Devi, : AIR1984Ori197 .