1.0 This appeal is directed against the judgement and award dated 21.04.1999 passed by the learned Motor Accident Claims Tribunal (Aux), Kachchh at Bhuj below Exh. 1 in Motor Accident Claim Petition No.703 of 1996 wherein the Tribunal has awarded a sum of Rs.3,93,500/ along with interest at the rate of 15% per annum with proportionate costs.
2.0 The case of the claimants was that on 04.04.1995 Neembsingh Bhersingh Rathor was driving tanker No.GJ12T9135 and he was returning from Nagpur to Gandhidham. When the tanker reached near sim of village DhuliaSald road, a truck bearing No.MH187217 came from opposite side and collided with the tanker as a result of which said Neembsingh sustained serious injuries and succumbed to the same on the spot. The claimants therefore filed the aforesaid claim petition under Section 163A of the Motor Vehicles Act wherein the impugned award came to be passed which is challenged in the present appeal.
3.0 It is stated by the learned Advocate for the respondentsclaimants that no application under Section 166 of the Act is filed.
4.0 Learned Advocate for the appellant submitted that the deceased was also negligent; that the Insurance Company is not liable to pay the compensation and that the interest of 15% is on higher side.
5.0 As a result of hearing and perusal of the record, there are evidence by way of documentary evidence showing the accident in question and the vehicle in question is insured with the appellant. Therefore the contention that the Insurance Company is not liable to pay the compensation cannot be accepted. This issue has been elaborately discussed by the Tribunal in para 10 of the judgement.
6.0 As regards the income is concerned, there is sufficient proof on record that the income of the deceased was Rs.3000/ per month. He was 35 years old. Therefore the Tribunal has rightly taken Rs.36000/ as yearly income and arriving at a figure of Rs.5,76,000/ as the maximum compensation. After deducting personal expenses the Tribunal has arrived at a figure of Rs.3,84,000/ and added further amounts under the head of loss of funeral expenses, loss of consortium and loss caused to the estate. Thus, in all the Tribunal awarded a sum of Rs.3,93,500/. Learned Advocate for the appellant is not in a position to point out anything from the record to show that on the facts of the case the said amount is on higher side.
7.0 However, looking to the trend of rate of interest, the interest awarded by the Tribunal at 15% is on higher side. It should have been at the most 12%. It is accordingly held that the claimants shall be entitled to interest at the rate of 12% instead of 15%. The rest of the award is not disturbed. The award of the Tribunal is modified accordingly. Appeal is allowed partly with no order as to costs. Since the claimants has not preferred application under Section 166 of the Act, this will be treated as final.
(K.S.JHAVERI, J.) niru*