Sunita and ors. Vs. Sky Wing Courier Pvt. Ltd. and ors.

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

Disposition Appeal allowed Court Rajasthan Decided Dec 06, 2001

~2 min read

https://sooperkanoon.com/case/772041

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/772041
Court: Rajasthan High Court
Judge: J.C. Verma, J.
Decided On: Dec 06, 2001
Case Number: S.B. Civil Misc. Appeal No. 149 of 2001
Subject: Motor Vehicles
Disposition: Appeal allowed

Case Summary

AI-generated summary - not the official court judgment text.

- - The Tribunal had failed to mention whether the claimants were entitled to interest or not. Tribunal had failed to comply with the provisions of the aforesaid section.

Key legal issue: Motor Vehicles
Outcome / disposition: Appeal allowed

Parties & Advocates

Appellant / Petitioner

Sunita and ors.

Advocate K.N. Tewari, Adv.

Respondent

Sky Wing Courier Pvt. Ltd. and ors.

Advocate Virendra Agarwal, Adv.

Legal References

Reported In: 2003ACJ467

Excerpt

- - the tribunal had failed to mention whether the claimants were entitled to interest or not. tribunal had failed to comply with the provisions of the aforesaid section.j.c. verma, j.1. 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.2. 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.3. 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.4. 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.5. in view of the above said reasons and discussions, the appeal is allowed and stands disposed of.

Full Judgment

J.C. Verma, J.

1. 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.

2. 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.

3. 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.

4. 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.

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

Same Court & Year Rajasthan · 2001 Same Parties Sunita and ors. vs Sky Wing Courier Pvt. Ltd. and ors. Same Subject Motor Vehicles Same Judge J.C. Verma, J.

Motor Vehicles