ORDER
1. Heard learned Counsel for the appellants and learned Counsel for the respondent-Insurance Company.
2. This appeal is directed against the judgment and Award dated 18th November, 2006 passed by the Motor Vehicle Accident Claims Tribunal, Ranchi in Compensation Case No. 50 of 2004, whereby he, has awarded compensation of Rs. 1,62,000/- for the death of the deceased in a motor vehicle accident.
3. The appellants have preferred this appeal for enhancement of compensation and also aggrieved by that part of the order whereby the tribunal refused to allow interest on the compensation amount.
4. So far as the quantum of compensation is concerned, although some oral evidence was led by the claimants that the deceased was earning Rs. 100/- per day as labourer, but the tribunal having been not satisfied with the reliability of the evidence, has proceeded to determine the compensation amount by taking notional income. In our opinion also, the evidence with regard to the earning of the deceased, given by the claimant, is not, very convincing and therefore, we are not inclined to enhance the compensation amount.
5. While deciding the issue with regard to the interest, the tribunal recorded the following finding in paragraph-11 of the judgment, which is quoted hereinbelow:
Issue No. 6.–ether the present, applicants are entitled to get interest @ 9 per cent per annum on the said compensation amount from the date 16.7.06. From perusal of the record it appears that the issue in this case was framed on 13.9.06 and the application under Section 166 of M.V. Act was admitted for hearing on 16.7.06 and thereafter witness No. 2 was lastly examined on 20.9.06. So, it cannot be said that there arose any delay on the part f the opposite parties and in the case of Radha Saha v. Dayanand Agarwal 2002 (1) JLJR 402 : 2002 (1) JCR 801 (Jhr), in this case Hon’ble Jharkhand High Court has held that the tribunal may deny to award interest pendente lite in such cases where the delay in disposal of claim application is directly attributable to the claimant. As such upon consideration of the facts and circumstances of the case and law applicable I am of the view that the present applicants are not liable to get interest on the said compensation amount. As such issue No. 6 is decided in favour of the opposite party and against the claimants.
6. Prima facie, we are of the view that the reasons assigned by the tribunal, is not in accordance with law. In the facts and circumstances of the case, the claimant/appellants are entitled to interest from the date of claim application.
7. We, therefore, allow this appeal in part and hold that the compensation amount, as assessed by the tribunal, shall carry interest @ 9% per annum from the date of the claim application. The respondent Insurance Company is directed to pay the entire compensation amount with interest, if not paid, by tendering cheque to the claimants on 4th August, 2007 in the Lok Adalat, which is scheduled to be held in the High Court premises.
Let a copy of the order be handed over to the counsel for the respondent Insurance Company to comply the same without fail.