SUKHDEO PANDEY Vs. TARSILA TOPPO

JUDGEMENT

(1.) HEARD , owner of the car (BHW 7800) has challenged only part of the impugned judgment and award dated 26.9.2002, passed by Motor Vehicle Accident Claim Tribunal. Hazaribagh, in Claim Case No. 62 of 1991, whereby on his failure to pay the amount of compensation with 5% interest within three months, the claimant was directed to recover the same through the Court's processes with 9% interest, the Tribunal awarded a sum of Rs. 1,21,500/-payable as compensation to the heirs of Bahadur Uraon, who lost his life in motor accident dated 31.1.1991, in which the car in question was involved. Firstly the claim case was decided ex parte. However, the ex parte judgment was set aside and the claim was reheard and decided on merit.

(2.) REGARDING grant of interest the Tribunal observed as under in paragraph 17 :

(3.) IT appears that the tribunal enhanced the rate of interest from 5% to 9% only to ensure payment of compensation forthwith and on failure of the owner to pay the award amount to the claimant within three months of the order, the claimants were to be compelled to go for its recovery through Court's processes. No body prevented the appellant to pay/deposit the award amount with 5% interest within three months of the order of the Tribunal and having failed to pay, he has made himself liable to pay the enhanced rate of interest. We, therefore, find no reason to interfere with the impugned judgment and award in this appeal. The appellant must deposit the entire amount with interest within four weeks. This appeal disposed of.