SUNDER RAM Vs. BALWINDER SINGH

JUDGEMENT

(1.) Applicant-claimant filed a claim petition before Motor Accident Claims Tribunal, Karnal (hereinafter referred to as 'The Tribunal') under Sec. 166 of Motor Vehicles Act, 1988 (hereinafter referred to as 'The Act') which was allowed and claimant was awarded compensation amounting to Rs. 1,50,000.00 on account of injuries received by him in the motor vehicle accident. Respondents No. 1 and 2 were held liable to pay compensation jointly and severally. The amount of compensation was to be deposited in fixed deposit in some nationalized bank in the name of claimant for a period of five years at the first instance and to be renewed thereafter on the same terms and conditions. It was also directed that the interest accrued on the said amount be paid every month to the claimant. However, the loan was not permitted to be raised against the said fixed deposit but liberty was granted to apply for withdrawal of the amount deposited in the fixed deposit in case of emergency to meet out the contingency, if any. The claimant was also held entitled to interest @ 12% per annum from the date of institution of the claim petition till its realization.

(2.) FAO No. 1148 of 1999 was filed before this Court for enhancement of the amount of compensation, which was allowed vide judgment dated 7.10.2015. The total amount of compensation was enhanced by Rs. 37895.00. Thereafter, the present application i.e. CM No. 24164-CII of 2015 has been filed for modification of judgment dated 7.10.2015 passed in FAO No. 1148 of 1999 on the ground that inadvertently the interest on enhanced amount has not been paid.

(3.) Learned counsel for the applicant-appellant submits that the applicant is also entitled for interest on the enhanced amount but inadvertently it was not granted.