{ 1 } S.B. CIVIL WRIT PETITION NO. 4980/2007. THE ORIENTAL INSURANCE CO. LTD. VS. SMT. SUSHILA & ORS. DATE OF ORDER : 22.08.2007. HON'BLE MR. GOVIND MATHUR, J. Mr. D.S. Nimbla for the petitioner. By an award dated 22.10.2005, the Motor Accident Claims Tribunal, Nathdwara while awarding compensation to the claimants also ordered that in the event of non-payment of amount awarded within a period of three months, the rate of interest shall be of 9% per annum instead of 6% per annum. The amount awarded was not paid to the claimants, thus the execution proceedings were initiated and in those proceedings, an objection was raised that 9% interest could not have been awarded, as there was no provision to award penal interest. To substantiate the contention, reliance is placed upon a judgment of Hon'ble the Supreme Court in the case of National Insurance Co. Ltd. vs. Keshav Bahadur and others reported in Transport and Accidents Cases (Insurance Claims and Compensation) – 1. In the case aforesaid, Hon'ble the Supreme Court held that once Tribunal exercised discretion to { 2 } award simple interest on compensation at a particular rate and from a particular date, no scope left for retrospective enhancement for default in payment of compensation. Heard counsel for the petitioner. In the instant matter, while awarding compensation under the order dated 22.10.2005, learned Tribunal in quite unambiguous term ordered that in the event of non-payment of compensation within a period of three months from the date of order, the claimants shall be entitled for getting interest @ 9% per annum instead of @ 6%. The executing court refused to accept the contention of the Insurance Company on the ground that no modification in the original order can be made in execution proceedings. I do not find any error in the order passed by the executing court, as it is well settled that execution is to be made in accordance with the decree granted. So far as judgment of Hon'ble the Supreme Court in the case of National Insurance Co. Ltd. vs. Keshav Bahadur (supra) is concerned, it is having no application in present controversy for the reason that there is no retrospective enhancement for default in payment of compensation as in the instant matter in the award itself, a { 3 } condition was made for payment of interest @ 9% per annum in the event of failure to make payment of compensation within the period prescribed. Beside that instant matter is a case where the objection with regard to interest rate was taken during the execution proceedings. The condition mentioned in the original award was never challenged by the petitioner. For the reasons mentioned above, this petition for writ is having no merit, same, therefore, is dismissed. (GOVIND MATHUR)J. Anil/