REKHA DATTA Vs. RAM AVATAR LOHIA

JUDGEMENT

(1.) - This appeal is at the instance of the claimants in a proceeding under section 110-A of the Motor vehicles Act, 1939 and is directed against an award dated 11. 8. 2008, passed by the learned Judge, Second Bench, City Civil court at Calcutta in M. J. C. No. 44 of 1986 thereby disposing of the said proceeding by awarding a sum of Rs. 1,96,490 with interest at the rate of 9 per cent per annum from the date of award till actual payment by the insurance company. The insurance company was directed to pay the amount within 30 days from the award failing which, it was stipulated in the award, the claimants would be at liberty to put the award into execution through court and in that event, the decretal amount should carry interest at the rate of 9 per cent per annum till realization.

(2.) BEING dissatisfied, the claimants have come up with the present appeal.

(3.) THE only grievance of the appellants in this appeal is that although the proceeding was initiated in the year 1986 and was disposed of in the year 2008, the learned tribunal below erred in law in not awarding any interest from the date of filing of the application till the disposal of the same.