1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR J U D G M E N T S.B. Civil Miscellaneous Appeal No.2042 of 2000. Balveer Singh son of Shri Narpat Singh. VERSUS Umesh Kumar son of Shir Ganpat Ram & Another Date of Order :::: 24/04/2009. Hon'ble Mr. Justice Bhanwaroo Khan Mr. Sandeep Mathur, Counsel for Claimant/Appellant. Mr. Vinod Tyagi, Counsel for the Respondents By the Court : This miscellaneous appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the claimant-appellant for enhancement of the award passed by the Motor Accident Claims Tribunal, Jaipur City Jaipur dated 16.08.2000, wherein the award of compensation of Rs.84,000/- has been passed with the condition that in case awarded amount is paid within 45- days, no interest will be paid to the claimant-appellant and in case of failure of payment of awarded amount within stipulated period, the claimant-appellant would be 2 entitled for interest @ 12% per annum on the awarded amount. Heard learned counsel for the parties and perused the impugned award as well as record of the learned Tribunal. Learned counsel for the claimant-appellant only pleaded that the interest is to be paid on the amount due from the date of filing of the claim petition, but the learned Tribunal has imposed the condition of 45- days for the payment of the awarded amount and in case the said awarded amount is paid within stipulated period, no interest will be awarded to the claimant-appellant, whereas to get the interest on the amount due its a right of the claimant-appellant and he is entitled to interest on the amount awarded. The learned counsel for the respondents argued that it is not always necessary to award interest on the compensation and if they have complied with the condition imposed by the learned Tribunal, no interest can be given. The learned Tribunal has awarded interest from the date of institution of the claim petition, in case the respondents failed to comply with the condition of 3 45-days for payment of the award, this condition is contrary to law, as the appellant is entitled to get interest on the award passed. To this extent, the appeal succeeds and the same deserves to be allowed. Consequently, the appeal is partly allowed. The condition for the non-payment of interest in case of awarded amount is paid within 45-days is deleted and the claimant-appellant is entitled for the interest @ 9% per annum from the date of institution of the claim petition i.e. 12.07.1999. Learned counsel for the claimant-appellant stated that the claimant-appellant has already received the amount of award passed, but not the interest. The respondents will pay to the claimant- appellant the interest on the amount of award passed @ 9% per annum from the date of institution of the claim petition i.e. 12.07.1999 till its realization. (Bhanwaroo Khan) J. ashok/ 4