Whether Reporters of Local Papers may be allowed to see the judgment ?
To be referred to the Reporter or not ?
Whether their Lordships wish to see the fair copy of the judgment ?
Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
Whether it is to be circulated to the civil judge ?
========================================================= BHOJRAJ BHAYA AYER & 2 - Appellant(s) Versus KASTURBEN N CHOTANI & 4 - Defendant(s) ========================================================= Appearance :
MR RAJNI H MEHTA for Appellant(s) : 1, None for Appellant(s) : 2 - 3.
NOTICE SERVED for Defendant(s) : 1 -
5. ========================================================= CORAM :
HONOURABLE MR.JUSTICE KS JHAVERI Date : 27/01/2012 ORAL COMMON JUDGMENT
1. These appeals are directed against the common judgment and award dated 02.01.1996 passed by the Motor Accident Claims Tribunal [Aux.-2], Kachchh at Bhuj in M.A.C.P. being M.A.C.P. Nos. 274, 276, 278 and 281 of 1991, awarding a sum of Rs.3.00 lac, Rs.2.50 lacs, Rs.2.93 lacs and Rs.2.35 lacs along with interest @ 15% per annum from the date of the application till its realization.
2. The facts in brief are that on 29.06.1988 while the Mohanbhai, Ansuyaben, Shivjibhai and Naranjitbhai were travelling in a motor car bearing no. GJR 3901, at a particular place a truck bearing registration no. GTY 6769, on account of rash and negligent driving collided with with the said car, as a result of which, the said persons sustained severe bodily injuries and succumbed to the injuries. The legal heirs of the deceased, filed claim petitions, which came to be partly allowed, by way of the impugned award. Hence, these appeals.
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 appellants.
6. For the foregoing reason, the appeals are 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 excess amount shall be refunded to the appellant Insurance Company. 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/