1. This appeal has been preferred against the judgment and award dated 04.03.1999 passed by the Motor Accident Claims Tribunal, Morvi (for short, “the Tribunal”) in M.A.C.P. No.89/1998 whereby, the claim petition was partly allowed and the original claimants were awarded compensation of Rs.90,000/ along with interest at the rate of 15% per annum from the date of application till its realization.
2. The facts in brief are that on 24.04.1988 while Retuben was pouring water over the wheel of the roller, the driver of the roller suddenly applied the break. As a result of which Retuben fell down on the road and the front wheel ran over her body and she died on the spot. Claim Petition was filed before the Tribunal, which came to be partly allowed by way of the impugned award.
3. Heard learned counsel for the respective parties and perused the documents on record. The appellants have challenged the impugned award passed by the Tribunal only qua interest. It is submitted that interest at the rate of 15% per annum awarded by the Tribunal is on the higher side and that the same deserves to be reduced.
4. Considering the facts of the case and in view of the principle laid down by the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation & anr, (2009) 6 S.C.C. 121, interest at the rate of 15% per annum is on the higher side. In my opinion, if interest at the rate of 12% per annum is awarded, the same would meet with the ends of justice.
5. No other contention has been raised by learned counsel for the appellant.
6. For the foregoing reason, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the original claimants shall be entitled for interest at the rate of 12% per annum on the amount of compensation as against 15% awarded by the Tribunal. The rest of the impugned award remains unaltered and is confirmed. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.] /phalguni/