CR No.1090 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.1090 of 2009 Date of Decision: 01.12.2009 **** Smt. Jamna Devi etc. . . . . Petitioners VS. C. Rajbir Singh and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. Ram Niwas Kush, Advocate for the petitioners Mr. G.S. Attariwala, Additional Advocate General, Punjab **** SURYA KANT J.(ORAL) (1) The petitioners are widow and children of late Dalip Singh who unfortunately died in a motor-vehicular accident. A claim petition was filed by one of the son of the deceased, namely, Ajaib Singh – pro forma respondent No.4 and the Tribunal vide its award dated 21.12.2000 allowed the same and granted 1/5th share to the claimant Ajaib Singh out of the total compensation amount. The balance compensation, as determined by the Tribunal was to be paid to the petitioner – left out legal heirs of the deceased – who were impleaded as pro forma respondents in the claim petition. (2) On an appeal by Ajaib Singh – the sole claimant, the compensation amount was increased by the permanent Lok Adalat of the High Court vide its order dated December 3, 2004 passed in FAO No.3437 of 2001. It is thereafter that the petitioners moved an application before the Tribunal to release the compensation amount of CR No.1090 of 2009 - 2 - their share as well. Though the Tribunal, vide the impugned order, has directed payment of the award money of Rs.1,47,400/- to the petitioners, however, it was further held that “they are not entitled for any interest because of their own act and conduct”. (3) Aggrieved at the denial of interest component that the petitioners have approached this Court. (4) Notice of motion was issued and pursuant thereto, I have heard Mr. G.S. Attariwala, Additional Advocate General, Punjab, who has vehemently opposed the prayer made in this revision petition. (5) I am of the considered view that once the Tribunal held that the claimant(s) is entitled to interest @ 12% per annum from the date of filing of the claim petition, there is no reason whatsoever to deprive the petitioners of the arrears of interest merely for the reasons that they have not approached the Tribunal as claimants. The award dated 21.12.2000 is a composite award, granting compensation to all the legal heirs of the deceased Dalip Singh including the petitioners. The delay, if any, on their part in not seeking release of the compensation amount has obviously worked against the petitioners’ own interest as they could not seek payment of the compensation amount at a time when they might be in dire need thereof. (6) The provision of compensating the dependents/family of a victim are a piece of social welfare legislation and need to be interpreted liberally. The circumstances which might have dissuaded the petitioners from claiming or receiving the compensation amount earlier, cannot be used against them as a punitive measure. CR No.1090 of 2009 - 3 - (7) For the reasons aforestated, the revision petition is hereby allowed; the impugned order dated 15.05.2008 is modified to the extent that the petitioners are also held entitled to interest @ 12% per annum as has been awarded by the Tribunal earlier vide its award dated 21.12.2000. The arrears of interest shall be paid to the petitioners within a period of 4 months from the date a certified copy of this order is received. (8) Disposed of. (9) Dasti. (SURYA KANT) JUDGE 01.12.2009 vishal shonkar