..}-<' :-^-^ \i -.^ HIGH COURT OF CHHATTISGARH AT BtLASPUR DSVSSION 8ENCH Coram : HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI SUNIL KUNARSSNHA, J. APPLICANT: (C.iaimant) RESPONDENTS M.C.C.No.91of2004 Gota Hanumant, son of Shri G. Durgaiya Hanumant, aged about 22 years,_ resident of Arjunahaii, Tehsil Bhopalpatnam, DJstrict Bastar, at present District Beejapur. Versus 1. State of M.P. (Now State of C.G.) Through the ColSector, Bastar, Jagdalpur. 2. The Divisional Forest Officer, Sukma, Djstrict Bastar. 3. Bhoia Singh Thakur. son of Shri Ramaadhar, through the Divisiona! Forest Officer, Sukma, DJstrjct Bastar. 4. J.J. Buchharao, son of Shri Somaiya, resident of Village Arjunhaii, Tehsi! Bhopalpatnam, Dlstrict Bastar, at present Djstrict Beejapur. APPLICATION FORCLARIFiCATiON OF THE DATED 22.08.2004 Present: Shri Santosh Bharat.counseJ for the petltioner. Shri Sumesh Bajaj, Government Advocate forthe State/respondents No. 1 & 2. ORDER tth (4tnSeptember,2008) . The fQiiowing order of the Court was passed by Rajeev Gupta, C.J.: Learned counsei for the parties are heard. *"• <• ^ ^ • .t:-:' jl 2) The petltioner, who was appeiiant In MA No. 1193/1996 has fiied this petition for clarificatlon of the order dated 22.06.2004 passed in MA No.1193/1996. 3) Petitioner Gota Hanumant had filed MA No.1193/1996 for enhancement of the compensation awarded by the Motor Accident Ciaims Tribuna!, Jagdaipur. Vide award dated 08.07.1996 passed in Ciaim Case No.89/93. 4) The Tribuna!, vide award dated 08.07,1996 awarded compensatlon of Rs.53,384/- along with interest @ 12% per annum from the date of the fiiing of the claim petition tili the date of actuaS payment. 5) The appeai filed by the petitioner for enhancement of the compensation was aliowed In part vlde order dated 22.06.2004 and the compensation awarded by the Tribunai.was enhanced in the following terms: "Taking these facts and figures into consideration and appiying the norms iald dovv'n in the Second Scheduie, this Coyrt is Indined to award Rs.1,00,000/- to the appelSant / daimant. The award amount shall carry the Interest @ 9% from thedate of presentation of the Clalnt petitlon. The appeal -is ailowed to the extent indicated above." 6) The petitioner in this petitlon is seekina clariflcation as to whether the amount.of Rs.1,00,000/- awarded vide order dated 22.06.200.4 passed in MA No.1193/1996 inciudes the amount of Rs.53.384/- awarded by the Tribunal; or it is In addition to the said am'ount of Rs,53,384/-. t< \ 7) Considering the facts and circumstances of the case in its entirety, it Is darified that the compensatlon of Rs.1,00,000/- awarded to the petitioner/claimant vide order dated 22.06.2004 passed in MA No.1193/1996 is inciusive of thesum of Rs.53,384/- awarded by the Tribunai. 8) We, however, deem it proper to further obserye that the rate of Interest on the sum of Rs.53,384/- awarded by the Tribijnai shall be 12% as awarded by the Tribunai; on the enhanced amount of compensation of Rs.46,616/-, the Interest shall be @ 9% per annum from the date of fiiing of ciaim petition. 9) Wlth the above dlr^ction / ciarificatlon, the petjtion stands dlsposed of. Sd/- ChiefJustice padrna Sd/- ; Sunil Kumar Sinha Judge p