AADHAR DAYARAM PATIL Vs. YUSUF BEG RASHID BEG

JUDGEMENT

(1.) Heard the learned Counsel appearing for the appellants and the learned Counsel appearing for the respondents.

(2.) In all these matters, the Motor Accident Claims Tribunal, Dhule, (hereinafter referred to as the 'Tribunal') has awarded the interest on the amount of compensation conditional from the date of award if the amount is not paid within one month from the date of award. In the present appeals, the challenge is restricted only to the aforesaid part of order pertaining to the award of interest. According to the appellants, the Tribunal has erred in awarding the conditional interest. It is the contention of the appellants that, the Tribunal must have allowed the interest on the amount of compensation from the date of filing of the claim petition by the respective claimants till realization of the amount of compensation as awarded by the Tribunal.

(3.) The learned Counsel appearing for the Maharashtra State Road Transport Corporation and for United India Insurance Co. Ltd., submitted that, under Section 171 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act'), it is the discretion of the Tribunal whether to award interest in addition to the amount of compensation and if yes, at what rate and from which date. The learned Counsel submitted that, once the Tribunal has exercised the said discretion based on the facts and circumstances of the case, no interference is warranted in the order so passed by the Tribunal.