Tilottama Devi and anr. Vs. Jitendra Singh and anr. - Court Judgment

Excerpt:
- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. order1. with consent of the parties this appeal is being disposed of at this stage itself. grievance of the appellants in this appeal is with regard to the interest, awarded by the learned 1st additional district judge-cum-motor accident claim tribunal, bermo, on the amount of compensation.2. it is submitted that the interest on the amount of compensation has been awarded from the date of impugned order, though it should have been awarded from the date of filing of the claim application.3. having heard learned counsel for the parties and on perusal of the impugned judgment, we find that the tribunal has not assigned any reason for not awarding the interest from the date of application and, therefore, we find that the tribunal has committed error in awarding the interest on the amount of compensation from the date of impugned order. accordingly, the order impugned is modified to the extent that the interest at the rate of 6% per annum on the amount of compensation will be payable from the date of filing of application for compensation and not from the date of the impugned order. respondent no. 6% the new india assurance company limited, chas, shall pay the differential amount of interest accrued from the date of application for compensation on 12th may, 2007 in the lok adalat.4. with the above modification in the impugned order dated 1st march, 2006, this appeal stands disposed of.

Judgment:
ORDER

1. With consent of the parties this appeal is being disposed of at this stage itself. Grievance of the appellants in this appeal is with regard to the interest, awarded by the learned 1st Additional District Judge-cum-Motor Accident Claim Tribunal, Bermo, on the amount of compensation.

2. It is submitted that the Interest on the amount of compensation has been awarded from the date of impugned order, though it should have been awarded from the date of filing of the claim application.

3. Having heard learned Counsel for the parties and on perusal of the impugned judgment, we find that the Tribunal has not assigned any reason for not awarding the interest from the date of application and, therefore, we find that the Tribunal has committed error in awarding the interest on the amount of compensation from the date of impugned order. Accordingly, the order impugned is modified to the extent that the interest at the rate of 6% per annum on the amount of compensation will be payable from the date of filing of application for compensation and not from the date of the impugned order. Respondent No. 6% the New India Assurance Company Limited, Chas, shall pay the differential amount of interest accrued from the date of application for compensation on 12th May, 2007 in the Lok Adalat.

4. With the above modification in the impugned order dated 1st March, 2006, this appeal stands disposed of.