Sunita and Others vs Sky Wing Courier Pvt. Ltd. and Others

J.C. Verma, J.—The appellants are the claimants in this appeal and claiming compensation because of death of deceased Ashok Kumar. The Tribunal had awarded the amount of compensation, however, in the award dated 6.11.2000, the Tribunal has somehow omitted to mention about the interest to be paid on the amount of compensation. The Tribunal had failed to mention whether the claimants were entitled to interest or not.

Learned counsel for the appellants states that in case, the interest was not to be awarded by the Tribunal, in that situation, the Tribunal ought to have rejected the payment of interest by a specific order. Section 171 says that the Tribunal may award interest from the date of filing of the application.

In my opinion, either the Tribunal ought to have rejected the payment of interest or should have ordered to pay the interest. Tribunal had failed to comply with the provisions of the aforesaid section.

After hearing the learned Counsel for the parties, I am of the opinion that the claimants-appellants shall be entitled for interest at the rate of 9 per cent per annum on the amount of compensation so awarded by the Tribunal from 18.5.1999 till the payment of the amount of award.

In view of the above said reasons and discussions, the appeal is allowed and stands disposed of.