GHANA NAND Vs. DINESH KUMAR

JUDGEMENT

(1.) The present first appeal arises but of the award dated October 11, 1988 passed by Judge, Motor Accident Claims Tribunal, Delhi. The Tribunal awarded a sum of Rs.61,500.00 in favour of the appellant and against the respondents. Respondent No.3, Oriental Fire & General Insurance Co. Ltd. was given three months time to satisfy the awarded amount by way of crossed cheque failing which they were held liable to pay interest at the rate of 12 per cent per annum from the date of order till realisation.

(2.) The appellant has since expired on December 26, 1990 and his legal representatives have been duly brought on record by order dated November 11, 1991. The present appeal was admitted only on the question of interest vide order dated March 27, 1989.

(3.) I have heard learned counsel for the appellant. The position of law is settled that the appellant-claimant is entitled to interest from the date of petition till realisation of the amount. It is so stated in Chameli Wati and another v. Delhi Municipal Corporation and others 1985 ACJ 645; Jagbir Singh and others v. General Manager, Punjab Roadways and others 1987 ACJ 15. The subsequent reference to these judgments has been made by the Supreme Court in Hardeo Kaur and others v. Rajasthan State Road Transport Corporation and another 1992 ACJ 300.