NATIONAL INSURANCE COMPANY Vs. KAMLA

JUDGEMENT

(1.) INSTANT appeal has been filed by Insurance Company against order dated 19.7.2001 passed by Motor Accident Claims Tribunal, Jaipur, ('Tribunal'), in Claim Application No. 1705 of 1997, in exercise of powers under Section 152, C.P.C., awarding interest @ 9% p.a., from the date of filing claim application till actual payment, on the compensation awarded vide award dated 23.6.2001.

(2.) CLAIM petition was filed by widow and three minor children of late Jagdish Prasad, who was working as helper drawing monthly salary of Rs. 3,533 in Electricity Department, Chomu, who met with an accident on 22.9.1997. The Tribunal, after taking note of material on record awarded total compensation of Rs. 4,36,170 but so far as grant of interest is concerned, no finding was recorded of denying interest to the claimants for the period from date of filing claim petition till actual payment. However, the Tribunal granted interest @ 1?% p.a., only in case the compensation awarded is not paid within 45 days.

(3.) CONFINING his arguments only with regard to order dated 19.7.2001 passed by the Tribunal in exercise of powers under Section 152, C.P.C., for grant of interest from the date of filing claim petition, Mr. Rahul Joshi, Counsel for Insurance Company contends that once the award was passed by the Tribunal and attained finality the Tribunal has become functus officio and provisions of Section 152, C.P.C., can be invoked for limited purposes only if there remains any clerical or arithmetical mistakes in judgments, decrees or orders or errors on account of any accidental slip or omission, can be corrected or clarified, but instant substitution made by order impugned dated 19.7.2001 is beyond scope of Section 152, C.P.C., as such the very direction/order issued for grant of interest from the date of filing of claim petition deserves to be set aside.