K RAKKU Vs. SECRETARY AND CORRESPONDENT, NADAR MAHAJANA SANGAM SERMATHAI VASAN COLLEGE FOR WOMEN MADURAI

JUDGEMENT

(1.) The claimants are on appeal challenging The award dated 21.11.2008 passed in M.C.O.P.No.1461 of 2006 on The file of The Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court No.III), Madurai.

(2.) This appeal is filed on an interesting question of law. It is a case of fatal accident. Claimants filed a claim for compensation on 25.4.2006. The claim was adjudicated and The award was pronounced on 21.11.2008 granting compensation in a sum of Rs.5,21,000/- with interest at 7.5%. At The time of filing The claim, The claimants sought exemption from payment of Court Fee to some extent and that was allowed. At The time of passing The award, The Tribunal passed The following order:-

(3.) The plea of the learned counsel for the appellants/claimants is that as per the Rule 24(3) of the Tamil Nadu Motor Vehicles Accidents Claims Tribunal Rules, 1989, the prescribed court fee, which has been exempted, shall be paid before the copy of judgment is obtained. Section 171 of the Motor Vehicles, Act 1988 dealing with award of interest provides for interest from the date of claim. Therefore, the denial of interest from the date of claim till date of deposit of the award amount is erroneous and contrary to law.