Supreme CourtDivision Bench(2004) 12 SC CK 0029

Tithi Garg (Minor) vs National Insurance Company Ltd. and Another

Supreme Court Of India · Decided on 6 December 2004

HON’BLE JUDGES
P. Venkatarama Reddi, J · A.R. Lakshmanan, J
RESULT
Dismissed
CASE NUMBER
Civil Appeal N. 7871 of 2004 (Arising out of SLP (Criminal) No. 24521 of 2002)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

2 paragraphs · 213 words
1.

Leave granted.

2.

The only question is about the payment of interest on the amount awarded to the appellant who is a minor daughter of the person who died in a motor accident. A sum of Rs.7,32,000/- was awarded by the Motor Accidents Claims Tribunal out of which Rs.5 lakhs was awarded to the appellant herein and remaining amount of Rs.2,32,000/- was awarded to the father of the deceased. At the stage of execution, the question arose as to the payment of interest on the amount of Rs.5 lakhs awarded to the appellant. The Tribunal held that the entire amount of interest is payable to the father i.e. the second respondent herein. This interpretation was made on the award of the Tribunal presumably by reason of some ambiguity in the operative portion of the order of the Tribunal. However, going by the tenor and substance of the award, it is apparent that the Tribunal did not intend to award interest only to the father to the exclusion of the daughter. The High Court declined to go into his aspect as it held that the special appeal was not maintainable. We, therefore, dispose of this appeal with the direction that the interest payable should be apportioned proportionately between the appellant and Respondent 2.