UNITED INDIA INSURANCE CO LTD Vs. GEORGE

JUDGEMENT

(1.) The 3rd respondent in OP No .85 of 1979 before the Motor Accidents Claims Tribunal, Ernakulam is the appellant. The Tribunal passed an award on 19th February, 1981, the relevant portion of which originally read as follows:

(2.) Learned counsel for the appellant submitted that the appellant paid the entire amount as per the original award and it was thereafter that the correction was allowed. Learned counsel submitted that the order amounted to a review and the Tribunal bad no power to review its order. It was further submitted that a party is not entitled to claim interest, since the awarding of interest is discretionary. According to learned counsel, S.152 of the CPC is not applicable in this case, since the Motor Accidents Claims Tribunal is nor a court. According to learned counsel, in the absence of specification of the date from which interest is to run, it has to betaken that interest will run only from the date of award.

(3.) Learned counsel for the claimant submitted that the appellant being the insurance company, the only contentions available to it are under S.96(2) of the Motor Vehicles Act. The omission to mention the date from which interest is to run is only an accidental slip liable to be corrected under S.152 of the CPC.