MALINI KHANDKAR Vs. GWALIOR DISTILARY LTD

JUDGEMENT

(1.) THIS appeal is against the award dated 25.1.1996 of Additional Motor Accident Claims Tribunal, Gwalior, at Dabra, passed in Claim Case No. 13 of 1992. Learned Counsel of the appellants/claimants has submitted that the learned Claims Tribunal erred in assessing the compensation only to the extent of period of retirement of the deceased.

(2.) WE have heard the learned Counsels of the parties at length and carefully perused the record. We are of the opinion that the learned Claims Tribunal has also considered compensation considering the post -retiral period.

(3.) LEARNED Counsel of the respondent No. 5, Insurance Company, during the argument on his cross -objections, has admitted that the amount of compensation need not be interfered with. However, he has emphasized on the rate of interest being at higher side. According to the learned Counsel of the respondent No. 5, the rate of interest is liable to be reduced on account of delay caused by claimants/appellants. However, after perusal of the record it was only a delay of about a year, which in our opinion cannot be taken to be an undue delay. In the circumstances, the rate of interest cannot be reduced on this count.