NAND KISHORE PRASAD SAHU Vs. JYOTI PRASAD KHATRI

JUDGEMENT

(1.) claimant -appellant has challenged part of the judgment and award dated 15.2.2007 passed by the Motor Accident Claims Tribunal, Lohardaga in Compensation Case No. 47 of 1994 whereby interest has been awarded from 3.1.2006.

(2.) LEARNED counsel for the appellant submitted -that the Tribunal has not mentioned the date when the claim case was dismissed for default but only mentioned the date i.e. 3.1.2006 when the claim case was restored and taking the date of restoration, the interest was awarded from that date. According to the learned counsel the claim case was dismissed for default on 13.5.2005 and same was restored on 3.1.2006. It is contended that for the period i.e. from 13.5.2005 to 3.1.2006, the claimant -appellant may not be entitled for interest, but for the rest of the period i.e. from the date of filing of the claim application till the date of award, the claimant is entitled to interest at the rate awarded by the Tribunal.

(3.) AFTER the claim case was dismissed, appellant filed Miscellaneous Case by filing restoration on 9.6.2005 for restoration of the claim case which was ultimately restored on 3.1.2006.