1. By way of these appeals, the appellants have challenged the judgment and award passed by the Tribunal.
2. The impugned award was challenged before the Division Bench this Court by way of filling First Appeal No.3869 of 2001 and First Appeal No.3870 of 2001, which came to be disposed of vide judgment dated 03.09.2001, which reads as under.
" These are the appeals under Sec. 173 of the Motor Vehicles Act, 1988, at the instance of the Gujarat State Road Transport Corporation, being the owner of the vehicle involved in the accident, challenging the judgment and award of the Motor Accident Claims Tribunal, Godhra.
2. Learned Counsel for the appellant has specifically restricted his grounds of challenge to the impugned judgment and award only on the question of the rate of interest awarded by the Tribunal.
3. In this context, we have heard the learned Counsel for the appellant, as also the learned Counsel for the respondents -claimants.
4. The Tribunal has, under the impugned judgment and awarded, allowed interest at the rate of 15% p.a. from the date of the claim petition till the date of deposit with the Tribunal. According to the learned Counsel for the appellant, this rate of interest is excessive and is in violation of a number of decisions of the Supreme Court, as also of this Court.
5. As a result of hearing the discussions, a consensus has been arrived at between the learned Counsel for the parties, on the basis of which they stated before the Court that the rate of interest at the rate 12% p.a.would be reasonable on the facts of the case and would also meet the ends of justice.
6. On the basis of aforesaid consensus, we hold and direct that the respondents original claimants shall be entitled to the compensation as determined by the Tribunal, but the rate of interest applicable thereon would be at the rate of 12% p.a. from the date of filing of the claim petition till the date of deposit before the Tribunal or realisation.
7. The impugned judgment and award are modified only to the aforesaid extent.
8. These appeals are, therefore, partly allowed, with no order as to costs. Decree accordingly."
3. since, the impugned award has already been modified by Division Bench of this Court by the judgment referred to hereinabove, these appeals will also be governed by the aforesaid judgment, though the appellants have arguable case.
4. In view of the above, these appeals also stands disposed of, in terms of the above judgment.
[K.S.JHAVERI, J.] ..mitesh..
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