IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.324 of 2009 (O&M) Date of Decision: 21.1.2009. PRTC ....Petitioner Versus Kamla Devi and others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr.Harsh Aggarwal, Advocate for the petitioner. RAJESH BINDAL, J. **** Challenge in the present revision petition is to the order passed by the learned Motor Accident Claims Tribunal, in an application filed by the respondents for execution of the award in their favour where the Court calculated the amount of interest on the amount awarded by this Court from the date the claim petition was filed by them on account of death of husband of respondent No.1 in a road accident. The claim petition was filed under the Motor Vehicles Act, 1988 on account of death of husband of respondent No.1 in a road accident in which the Tribunal determined the compensation at Rs. 15,000/- along with interest @ 12% per annum from the date of presentation of the claim petition till its payment. The amount was paid by the petitioner. As the respondents were dissatisfied with the award of the Tribunal, appeal was filed before this Court which was allowed on September 6, 2006 by this Court by determining the C.R. No.324 of 2009 (O&M) -2- compensation at Rs. 1,15,000/- as against Rs. 15,000/- determined by the Tribunal. While noticing the fact that Rs. 15,000/- had already been paid to the respondents it was directed that the balance of Rs. 1,00,000/- as additional compensation shall be paid along with interest @ 9% per annum from the date it fell due till the date of payment. The contention of learned counsel for the applicant is that the amount fell due to the respondents on the date this Court passed the order in appeal and not from the date the claim petition was filed before the Tribunal. However, I find this argument to be totally misconceived. The appeal filed by the respondents before this Court was merely continuation of proceedings. The respondents were entitled to receive the amount of compensation on account of death of husband of respondent No.1 in an accident held on 12.2.1985 in which on account of filing of claim petition the Tribunal awarded them interest from the date of filing the claim petition by exercising the discretion which otherwise could be from the date of accident as well. The interest awarded by this Court is to be calculated from the date the amount fell due to the respondents would necessarily mean that the same has to be from the date the claim petition was filed by the respondents. It cannot be termed as the interest due from the date this Court passed the order. Accordingly, the present revision petition is dismissed. (RAJESH BINDAL) 21.1.2009 JUDGE Reema