DELHI TRANSPORT CORPORATION Vs. SATWARI DEVI

JUDGEMENT

(1.) Appellant has filed the present appeal against the judgment and award dated 4th January, 1995 and order dated 26th October, 1995 passed by Shri Charanjeet Jawa, Judge, Motor Accident Claims Tribunal (for short as 'Tribunal'), Delhi.

(2.) Brief facts of the case are that the Respondents No. 1 to 4 filed a petition on account of death of one Ram Prakash in a road accident involving bus No. DEP 8875 allegedly driven rashly and negligently by the Respondent No. 5.

(3.) Parties settled their case before the Lok Adalat on 10th December, 1994 for a sum of Rs. 2,80,000/- minus Rs. 25,000/-(already paid) in full and final settlement of the Respondent's claim. The grievance of the Appellant is that the learned Tribunal vide order dated 4th January, 1995 passed the award and modified it with a direction to pay the award amount within 30 days failing which to pay interest at the rate of 12 % per annum. The direction to pay the interest is contrary to the settlement between the parties at the Lok Adalat and this direction was liable to be recalled. Accordingly, the Appellant filed a review application for reviewing the award dated 4th January, 1995 and to pass the order to pay interest from the date of order till its realisation, instead of from the date of filing of the petition. The said review application was dismissed vide impugned order dated 26th October, 1995 hence this appeal.