1. By way of this appeal, the appellant has challenged the judgment and award of the M.A.C.T. (Auxi.), Banaskantha at Palanpur, dated 27.12.1999, whereby the tribunal awarded Rs.51,800/- along with 15 per cent interest.
2. Brief facts of the case are as under:
On 13.07.1991, while the deceased- Arjanbhai Raghnathbhai was trying to cross the road, he was dashed by an S.T. bus being driven, in rash and negligent manner, by respondent No.4, herein, and owned by the present appellant. As a result thereof, the deceased received severe bodily injuries and expired. Hence, respondent Nos. 1 to 3, herein, being the heirs and legal representatives of the deceased-Arjanbhai preferred the aforesaid claim petition, wherein the tribunal passed the impugned judgment and 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. On the other hand, learned Counsel for the respondents have opposed the appeal and have prayed to dismiss the same, as being without merit.
5. Heard learned counsel for the parties and perused the material on record. As regards the contentions raised by the learned Counsel for the appellants 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-29), Panchnama, P.M. Note(Exhibit-32), which support the case put forward by the original claimants. 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 reasonings given by and the conclusion arrived at by the tribunal. Hence, those contentions are rejected.
6. Insofar as the contention raised by the learned Counsel for the appellant with regard to the interest at the rate of 15 per cent awarded by the tribunal is concerned, in view of the fact that the accident is of the year 1991, 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. The judgment and award impugned in this appeal stands MODIFIED to the aforesaid extent. No order as to costs.
Umesh/ (K.S. JHAVERI,J.)