1. This appeal has been preferred against the judgment and award dated 21.01.2000 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in M.A.C.P. No. 386 of 1999 whereby the Tribunal has granted compensation to the tune of Rs. 3,93,500/- with interest at the rate of 12% per annum only from the date of filing of application Exhibit-01 and not from the date when the main claim petition was filed.
2. The appellants have placed reliance upon a decision of the Apex Court in the case of S. Kaushunuma Begum and Others vs. The New India Assurance Co. Ltd. reported in AIR 2001 SC 485(1) and submitted that the rate of interest under Section 163-A application ought to have been awarded at 9%.
3. The Tribunal has gone into the evidence in detail and has quantified the amount of compensation at Rs. 393500/- which is just and proper. However, the contention raised by learned advocate for the appellants so far as the rate of interest is concerned, the same is required to be accepted. In view of the principle laid down in the above decisions, the appellants herein shall be entitled to get interest on the total amount of compensation at the rate of 9% per annum from the date the application till realisation.
4. The impugned award stands modified to the above extent only. The appeal is, accordingly, allowed.
(K.S. JHAVERI, J.) Divya//