1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. Civil Misc. Appeal No.136/2000 (Sudhir Barman & Others Versus Suraj Karan & Another) Date of Judgment :: 17.11.2009 PRESENT HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Vinay Mathur, counsel for the appellants. Mr. Ram Singh, counsel for the respondents BY THE COURT: Being dissatisfied with the amount of compensation, the appellants have preferred this appeal for the enhancement of quantum of compensation. 2. An unfortunate accident took place on 6.2.1999 at about 11.00 PM when the deceased Suresh Barman was going to Bagdiya Bhawan. It is alleged that when he reached at Chomu Circle, one roadways bus bearing registration no. RJ-26-P-0286 driven by its driver rashly and negligently arrived at a fast speed and hit Suresh, as a result of which he came under the Wheel and died on the spot. 3. Heard learned counsel for the 2 parties and perused the impugned award. 4. The learned counsel for the appellants has confined his arguments only to the date from which the interest on the amount of compensation under the award is to be allowed. Learned counsel has canvassed that the learned Tribunal has of-course allowed 12% rate of interest, but the order with regard to the grant of interest is conditional. It has been directed by the learned Tribunal that the non claimant-respondents shall deposit an amount of compensation under the award within a period of 45 days, failing which the non claimant-respondents shall be liable to pay 12% rate of interest with effect from the date of filing the claim petition till the amount actually realized. Learned counsel has further emphasised that the rate of interest should be allowed from the date of filing the claim petition and the award be modified accordingly. 5. Learned counsel for the respondents has opposed to this submission made by the learned counsel for the 3 appellant. 6. Having reflected over the submissions made by the learned counsel for the appellant and carefully perused the impugned award, it is noticed that the learned Tribunal decreed an amount of Rs. 2,02,000/- in favour of the claimants- appellants, but did not allow the interest from the date of filing the claim petition. It has been observed that all the courts invariably allow the interest on the amount of compensation under the award from the date of filing the claim petition till the amount is actually realized, but the learned Tribunal has deviated from the settled precedent. He has not assigned any reason as to why did he deviate from the settled proposition of law. If we allow the interest to be paid on the amount of compensation under the award in some cases from the date of filing the claim petition and in some other cases from the date of passing the award till realization of the amount and in some cases, conditional order such as passed in the instant case, then it is 4 found to be an open discrimination, which may ultimately lead to unnecessary further litigation. It goes without saying that had the claimants been paid the amount of compensation soon after the death of a person or injuries sustained by the victim, the question of paying interest thereon would not have arisen. The object behind permitting interest on the compensation is so as to compensate the delayed payment. To avoid such a situation, a uniform standard is required to be applied. I fully agree with the submission advanced by the learned counsel for the appellants and feel inclined to modify the award to this extent that the claimants-appellants shall be entitled to receive interest from 26th March, 1999, the date of filing the claim petition till the realization of the amount under the award. 7. For the reasons stated above, the appeal is partly allowed. It is ordered that the claimants-appellants shall be entitled to receive interest on the amount of compensation under the award from the date of filing the claim- petition before 5 the Tribunal till the realization of the said amount. Rest of the terms under the award shall remain unchanged. The impugned award stands modified as indicated here- in-above. 8. There shall be no order as to costs. (MAHESH BHAGWATI), J. DK/- 6 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Misc. Appeal No.136/2000 (Sudhir Barman & Others Versus Suraj Karan & Another) Date of Order :: 17.11.2009 PRESENT HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Vinay Mathur, counsel for the appellants. Mr. Ram Singh, counsel for the respondents For the reasons stated above, the appeal is partly allowed. It is ordered that the claimants-appellants shall be entitled to receive interest on the amount of compensation under the award from the date of filing the claim- petition before the Tribunal till the realization of the said amount. Rest of the terms under the award shall remain unchanged. The impugned award stands modified as indicated here- in-above. (See separate judgment). (MAHESH BHAGWATI), J. DK/-