MD SADAQUAT HUSSAIN Vs. SURENDRA SINGH

JUDGEMENT

(1.) This petition has been filed by the claimants-petitioners for review of order dated 17.08.2007, by which a Bench of this Court while allowing M.A. No. 476 of 2003 did not grant any interest on the amount of compensation fixed for being paid by the opposite parties to the claimants.

(2.) From the arguments of the parties as well as from the review petition and materials on record, it is quite apparent that that the petitioners are aggrieved due to the fact that although this Court, by order under review, enhanced the amount of compensation fixed by the Tribunal, it did not provide any interest to be paid throughout as per the provision of Section 171 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for the shake of brevity), which applicable in the facts and circumstances of this case as the matter arises out of a motor vehicle claim case.

(3.) The provision of Section 171 of the Act provides that where any Claims Tribunal allows a claim for compensation made under the Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf. From a perusal of the said provision, it transpires that the same is not mandatory rather it is discretionary for the Court to allow interest at a proper rate if the circumstances so require as discretion has to be exercised equitably and judiciously.