Saroj And ORS v. Gajender And ORS

Counsel for the appellants further submits that the rate of interest awarded by the Ld. Tribunal i.e. at 7.5% per annum from the date of filing of the claim petition till its realization is worth to be maintained in view of the settled proposition of law established by the Apex Court and applied by this Court.

However, learned counsel appearing on behalf of respondents submits that the rate of interest should not be over the awarded amount and therefore, it should be reduced to the rate of 6% per annum. 11.

I have gone through the judgments cited by counsel for the

appellants (claimants) and thus, I deem it appropriate to grant the rate of interest at 7.5% per annum.

12.

Thus, keeping in view the aims and objects of this beneficial legislation of providing relief to the victims or their families, the total compensation payable to the appellant (claimant) is enhanced to Rs.16,80,600/- in FAO-5805-2014 along with interest at 7.5% per annum from the date of filing of claim petition till the date of payment of compensation to the appellant (petitioner/claimant). While, the total compensation payable to the appellants (claimants) is enhanced to Rs.22,23,000/- in FAO-3880-2014 along with interest at 7.5% per annum from the date of filing of claim petition till the date of payment of compensation to the appellants (petitioners/claimants). 13.

Needless to mention that out of the total payable compensation amount, already paid amount (if any) in compliance to the impugned award, would be adjusted and the amount of compensation awarded shall be distributed among the claimants in the same ratio as was held by the Ld. Tribunal.

14.

Therefore, by partly modifying the award, both the present appeals are allowed with the terms indicated here-above. Pending Miscellaneous applications, if any, also stands disposed of.