1. By way of this appeal, the appellant- insurance company has challenged the judgment and award of the M.A.C.T.(Auxi-I), Bhuj-Kachchh, dated 16.04.1999, rendered in M.A.C.P. No.324 of 1991, whereby the tribunal awarded Rs.75,000/- along with 15 per cent interest.
2. The brief facts of the case are that on account of a vehicular accident, which took place on 01.08.1990, respondent No.1 received severe bodily injuries. He, therefore, preferred the aforesaid claim petition, wherein the tribunal passed the impugned award. Hence, the present appeal.
3. The learned Counsel for the appellant has raised various contentions. He submitted that the tribunal erred in passing the impugned judgment and award. The tribunal failed to appreciate the material on record in its true perspective. The amount awarded by the tribunal is highly exaggerated, and therefore, he has prayed to allow the present appeal.
4. Heard learned counsel for the appellant and respondent No.1 and perused the material on record. Though served, none appears on behalf of respondent No.2.
5. As regards the contentions raised by the learned Counsel for the appellant with regard to the liability, amount awarded by the tribunal towards compensation etc. are concerned, the tribunal has discussed the evidence in detail, more particularly, the evidence in the form of FIR(Exhibit-35), Panchnama, oral evidence of witnesses(Exhibits-37 to 39), which support the case put forward by the original claimant. I have also gone through the impugned order and I find that the compensation awarded by the tribunal is just and appropriate and in consonance with the evidence on record and the law on the subject. I am in complete agreement with the reasoning given by and the conclusion arrived at by the tribunal.
6. Insofar as the contention raised by the learned Counsel for the appellant with regard to the interest is concerned, in view of the fact that the accident is of the year 1990, the same appears to be on higher side. Hence, the said contention requires to be accepted. I am, therefore, of the opinion that the ends of the justice would be met, if, interest at 12 per cent is granted.
7. In the result, the appeal is PARTLY ALLOWED. The original claimant be paid amount of compensation along with TWELVE per cent interest instead of 15 per cent from the date of application, till its realization. The balance amount, if any, towards the INTEREST lying before the concerned tribunal be REFUNDED to the appellant-insurance company. The judgment and award impugned in this appeal stands MODIFIED to the aforesaid extent. No order as to costs.
Umesh/ (K.S. JHAVERI,J.)