THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD M.A.C.M.A.M.P.No.4489 of 2010 in C.M.A.NO.2087 of 1997 ORDER: Heard Sri B.S.Reddy, learned counsel representing Sri T.Niranjan Reddy, learned counsel for the petitioner- appellant and Sri Srinivasa Rao Vutla representing Smt A.Malathi, learned Standing Counsel for the insurance company-second respondent. The first respondent did not appear before this Court in the main appeal. CMA No.2087 of 1997 was directed against the award in OP No.256 of 1993 on the file of the Motor Accidents Claims Tribunal (District Judge), Ongole dated 12.09.1996 and this court deciding the appeal on merits on 27-03-2002 enhanced the compensation from Rs.16,000/- to Rs.23,000/- while reversing the finding of the Tribunal about the non-liability of the owner and insurer to pay the compensation. In the said judgment, this Court did not grant any interest on the compensation so awarded. Therefore, the claimant came up with the present request for awarding of interest on the compensation awarded. This application was filed only on 27-10-2010 in respect of the judgment of this Court dated 27-3-2002. Sri Srinivasa Rao Vutla, learned counsel submits that pursuant to the judgment of this Court, the insurer deposited an amount of Rs.23,046/- before the Tribunal to the credit of the matter towards satisfaction of the award passed by this Court and contended that the owner of the vehicle and the insurer are not at fault in the Tribunal and this Court not considering the award of interest in the claim made in O.P.No.256 of 1993 in respect of the accident that occurred on 10-04-1992 and therefore, it cannot be burdened with any further liability at this distance of time. On the contrary, Sri B.S.Reddy, learned counsel for the claimant submitted that the minor claimant approached the Tribunal for compensation soon after the accident and the disallowance of claim by the Tribunal and the assessment of compensation payable by respondednts-1 and 2 were found to be not justified by this Court and consequently, he cannot be considered to be at fault at any time between the accident and the disposal of the appeal by this Court to disentitle him to claim interest on the compensation. Section 171 of the Motor Vehicles Act, 1988 makes it discretionary for the Tribunal to order payment of simple interest on the award of compensation from such date not earlier than making the claim and the judicial discretion in favour of award of interest will normally be exercised in favour of the claimant. By virtue of the statutory judicial discretion unless there are any vitiating circumstances disentitling the claimant for such interest, the interest will not be ordinarily disallowed. The minor claimant herein cannot be accused of any such vitiating factors between the date of filing of the claim petition and the date of decision of the appeal by this Court though he cannot claim that he was diligent in pursuing his rights after disposal of the appeal by this Court till the belated filing of this application. In view of the said facts and circumstances, the claimant in the ordinary and natural course of events would have been entitled to interest from the date of claim petition till the date of judgment of this court and further till the date of deposit of amount by the insurer. The insurer was prompt in depositing the amount awarded by this Court. The owner of the vehicle or the insurer need to be burdened with the liability to pay interest after such deposit. Therefore, in addition to the directions in CMA 2087 of 1997 by the judgment dated 27-3-2002, it is further ordered that the respondents 1 and 2 to the said appeal shall also pay interest at 6% p.a. on Rs.23,000/- from the date of the claim petition in O.P.No.256 of 1993 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Ongole till 19-09- 2003 i.e., the date of deposit by the insurer before the tribunal. The application is ordered accordingly. ______________________ G.BHAVANI PRASAD,J rkk Dated: 2-9-2011