ANAND TIWARI Vs. DHIRENDRA SINGH

JUDGEMENT

(1.) In this petition filed under Article 227 of the Constitution, the petitioner has challenged the orders passed by the court below on 14.3.2007 and 29.3.2007 whereby the court below has declined the prayer of the petitioner for grant of interest on the amount deposited in the bank.

(2.) Brief facts necessary for adjudication of this matter are that respondent No.1 and 2 filed a claim case before the Tribunal for grant of compensation under the provisions of Motor Vehicles Act. The said claim case was registered as Case No.98/98. It was decided by award dated 11.2.2000. The Tribunal awarded a sum of Rs.62,000/- as a compensation with 12% interest. Feeling aggrieved by the aforesaid award, the petitioner preferred an appeal before this court. The respondent No.1 and 2 also filed cross objection for enhancement of amount.

(3.) The petitioner deposited a sum of Rs.25,000/- before the Tribunal before filing the appeal. This court directed the petitioner to deposit the remaining amount of Rs.37,000/- on 11.5.2000 (Annexure P/1). In obedience of the said order, petitioner deposited the remaining amount of Rs.37,000/- before the Tribunal on 30.6.2000. The petitioner simultaneously preferred an application before the Tribunal on 18.6.2001 Annexure P/2 praying that the amount so deposited be kept in fixed deposit. The aforesaid miscellaneous appeal/cross objection was decided by this court on 30.3.2005 (Annexure P/3). This court modified the order of Tribunal and enhanced the award amount upto Rs.97,000/- but reduced the interest @ 6% in lieu of 12%.