AB. MAJID Vs. STATE OF J&K

JUDGEMENT

(1.) Appellants have filed this Civil 1st Miscellaneous Appeal against the judgment and order dated 15.05.2001 passed by Motor Accidents Claims Tribunal, Ramban, in Claim petition No. 6/Chalan and order dated 15.02.2006 passed in File No. 37/Misc, i.e., the Review Petition, filed by the appellants, insofar as the Motor Accidents Claims Tribunal, Ramban, (hereinafter referred to as the Tribunal) has omitted to award any interest. The son of the appellants, who had been a Doctor and posted as Medical Officer at Primary Health Centre Ramsoo in District Ramban, while on duty, traveling in a Bullet Proof Gypsy of Police Department, met with a fatal accident and died. The appellants filed a Claim Petition for award of compensation. The Tribunal, vide its judgment and order dated 15.05.2001 allowed the Claim Petition filed by the appellants and awarded an amount of 9,24,528.00 together with funeral expenses of Rs. 2000.00 in favour of the appellants. However, the Tribunal did not make any order for award of interest.

(2.) The appellants on 27.09.2001 filed an application before the Tribunal, purporting it to be review under Section 152 CPC, stating therein that they had received the judgment on 26.09.2001 and on perusal thereof it was found that "inadvertently there is no mention of the interest on the award amount which is statutory liability under S. 171 of the MV Act". In the said application, the appellants prayed that "by invoking inherent power the slip/omission inadvertently may kindly be corrected and the poor applicant be allowed the interest available to them u/s 171 of the M.V. Act".

(3.) The aforesaid application was resisted by the respondents, inter alia, on the grounds that the application was time barred and that the applicants had not filed any application for condonation of delay or an affidavit in support thereof.