1. The appellants, original claimants, had preferred M.A.C.P. No.173/2008 u/s.163-A of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Gandhidham – Kutch claiming total compensation of Rs.4,84,500/- along with interest and costs in respect of the vehicular accident that took place on 17.12.2004 in which their son - Kamleshkumar Rai had expired. The Tribunal allowed the claim petition in part by judgment and award dated 30.09.2009 to the tune of Rs.3,88,500/- along with interest at the rate of 9% per annum from 08.04.2008 till its realization with proportionate costs.
2. Mr. Hiren Modi learned counsel for the appellants fairly conceded that he would not be in a position to seek enhancement of compensation on any ground/s. He, however, submitted that the Tribunal erred in awarding interest only from 08.04.2008 rather than from the date of filing of the claim petition and therefore, the same may be modified.
3. Heard learned counsel for the respective parties. In view of the admission made by Mr. Modi, I am not discussing the award of the Tribunal on the issue of quantum of compensation. So far the aspect of interest is concerned, it appears that the claim petition was filed in the year 2005 but, the same was numbered only in the year 2008 in view of the fact that the claimants had not removed office objections for the period of about three years. The opponent-Insurance Company was joined as a party only on 08.04.2008. Considering the factual aspects of the case, I concur with the view taken by the Tribunal and agree with the reasonings given by the Tribunal while awarding interest from 08.04.2008. Hence, I find no reasons to entertain the present appeal.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*