PRAMILA SHAW Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal is simply restricted to the question of grant of interest on the awarded amount. This point is now no longer res integra in view of the Division Bench decision of our court in the case of Kohinur Begum and others vs. New India Assurance Co. Ltd and Another, 2008 2 TAC 711.

(2.) It appears in the judgment and order dated 19th June, 2008 under appeal that the learned Judge, Motor Accident Claim Tribunal 1st Court in M.A.C. Case No. 378 of 2006 did not pass an order in respect of interest save and except applying the default clause.

(3.) After having heard the learned counsel for the Appellants and the Insurance Company, we are of the view that since the Award has been passed in connection with a proceeding initiated in 2006, it ought to have been visited with a direction for payment of interest. Grant or refusal of interest is pure discretion of a Court in the absence of any statutory embargo. But it is how the discretion is exercised would be the subject matter for decision before the appellate Court. No reason for not granting interest has been assigned by the learned Tribunal.