1 S.B.CIVIL MISC. APPEAL NO.1443/2005 [ Smt. Bhikhi Devi Vs. Madan Lal & Ors.] Dated: 8th January 2007 : HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr. M.L. Khatri for the appellant Mr. Anil Bachhawat for the respondent No.3 … In this appeal by the claimant, notice has been issued only on the limited point about awarding of interest from the date of filing of claim application and learned counsel for the parties have been heard finally in relation to this limited point. For the loss occasioned to the claimant-appellant on account of injuries sustained in a vehicular accident, the Tribunal has awarded compensation in the sum of Rs. 5,000/- but has awarded interest at the rate of 6% per annum only from the date of award. No reason whatsoever has been assigned by the Tribunal as to why interest is not being awarded from the date of filing of claim application. The approach of the Tribunal, in depriving the claimant of the amount of interest from the date of filing of claim application without any cogent reason, cannot be appreciated. This Court is clearly of opinion that ordinarily in a vehicular accident claim case, the claimant is entitled for 2 interest on the award amount from the date of filing of the claim application, and such component of interest should not be denied unless the claimant has purposely delayed the proceedings. This Court in the case of Rajiv Vs. Sumer Singh & Ors: CMA No. 833/2006 decided on 18th December 2006 has pointed out,- “Ordinarily, in a vehicular accident claim case, the claimant is entitled for interest on the award amount from the date of filing of the claim application as envisaged by Section 171 of the Motor Vehicles Act and such component of interest should not be denied unless the claimant could be said to have intentionally delayed the disposal of the claim application.” and that,- “The provisions of Section 171 of the Motor Vehicles Act, 1988 have specifically been enacted so as to empower the Claims Tribunal to order awarding of simple interest at the reasonable rate from a date not earlier than the date of making the claim and this Court is of opinion that it shall be a travesty of justice if the provisions so contained in the beneficial legislation be not given their true meaning and effect; and if award of interest be curtailed with mere counting of months and days while ignoring the ground realities.” There appears no reason or justification in the present case for which the Tribunal has chosen not to award reasonable interest to the claimant for the entire period from the date of filing of claim application until the date of payment. In the overall facts and circumstances, it does not appear that 3 the claimant with any ill motive or intention elongated the trial of the claim case and there appears no justification for depriving her of reasonable interest from the date of filing of the claim application until the date of payment. This court is of opinion that interest of justice demands that in the present case the claimant be allowed interest at the rate of 7.5% per annum from the date of filing of claim application until the date of payment. As a result of the aforesaid, this appeal is allowed to the extent indicated above; the award of compensation as made by the Tribunal in favour of the claimant-appellant is modified; and the claimant is held entitled for interest at the rate of 7.5% per annum from the date of filing of claim application until payment. The amount payable under the modified award be deposited by the respondent No. 3 insurer within 30 days from today with the Tribunal and be paid cash to the claimant. Having regard to the circumstances of the case, parties are left to bear their own costs of this appeal. (DINESH MAHESHWARI),J. MK