BHAYLA Vs. ABDUL KAYUM

JUDGEMENT

(1.) Appellants were awarded compensation of Rs. 2,84,000/- with 12% interest p.a. from the date of award by MACT, Barwani. But they are claiming interest from the date of claim petition. Are they entitled so as of right and was Tribunal under an obligation to award interest from the date of claim petition. In other words it is their right to claim so and is any corresponding duty cast on Tribunal to award so.

(2.) Appellants' counsel Mr. Rajpal placed reliance on Section 171 of M.V. Act, 1988 in support. He interpreted this provision to suggest that though Tribunal was out of bounds to award interest prior to claim petition, it was under duty to award interest from the date of claim petition.

(3.) The submission seems based on gross misappreciation of the terms of Section 171 The relevant section is reproduced hereunder and reads thus :-