Heard learned advocates for the parties.
2. At the joint request of learned advocates for the parties, this appeal is taken up for final disposal.
3. The present appeal is preferred against the judgment and order dated 20.07.1996 passed by the Motor Accident Claims Tribunal [Main], Bhavnagar in Motor Accidents Claim Petition No.277 of 1993 whereby the Tribunal has awarded Rs.1,14,000/- to the respondent-claimant with interest @15% till realization of the amount. The Tribunal has however observed that if amount is deposited by the corporation within a period of 5 months before the Tribunal, the interest would be @12%.
4. The facts leading to filing of the appeal are that on 16.07.1993 at about 2.30 p.m a three wheeler tempo of the respondent claimant dashed with the S.T. Bus of the appellant -corporation bearing registration No.GJ-1-Z-1830 near Kanpar Patiya, Ahmedabad - Bhavnagar highway, because of which the respondent-claimant sustained serious injuries and had sustained fractures on his legs. It is further stated that the respondent claimant has to be admitted in hospital at Bhavnagar as indoor patient for 10 days.
5. Therefore, the respondent-claimant preferred claim petition before the MACT, Bhavnagar being MACP No.277 of 1993 claiming amount of Rs.1,50,000/- as compensation with interest @15%. The Tribunal by way of the impugned judgment and order awarded Rs.1,14,000/- with interest @15% however with clarification that if the amount is deposited within 5 months, the interest shall be 12%.
6. However, a consensus is arrived between the parties that if the amount awarded by the Tribunal is reduced from Rs.1,14,000/- to Rs.91,000/-, the respondent has no objection.
7. Having heard learned advocates for the parties, on perusal of the record of the case, the manner in which the accident took place, contributory negligence of the parties, future loss of income and partial disability of the respondent herein, the table applied by the Tribunal for calculating loss, etc., I am also of the opinion that the interest of justice would be met if the amount awarded is reduced to Rs.91,000/- from Rs.1,14,000/- as awarded by the Tribunal. Accordingly, the impugned judgment and order of the Tribunal dated 20.07.1996 passed by the MACT [Main], Bhavnagar is modified and the appellant is directed to deposit the amount of compensation if not already deposited with interest from the date of filing of MACP No.277 of 1993 before the learned Tribunal within a period of 4 weeks from today. Within 2 weeks therefrom, the Tribunal is directed to release the amount of compensation as modified herein above with interest from the date of filing of MACP No.277 of 1993 till its realization in favour of the respondent claimant by way of account payee cheque after due verification.
8. The appeal is partly allowed to the aforesaid extent only. However, there shall be no order as to costs.
In view of the order passed in the main appeal, no order on Civil Application No.7385 of 2011 and accordingly it stands disposed of.
[Anant S. Dave, J.] *pvv Top