1.0 This appeal is directed against the judgement and award dated 11.06.2002 passed by the learned Motor Accident Claims Tribunal ( Main), Kachchh at Bhuj in Motor Accident Claim Petition No. 315 of 2001 wherein the Tribunal has awarded a sum of Rs. 4,41,500/ along with interest at the rate of 12% from the date of petition till its realization.
2.0 On 13.07.2001 when one Talab Salar Sama was proceeding to his residence after finishing his work at about 6.30 P.M., and reached near the place of accident, the opponent No.5 original opponent No. 1 during the course of his employment with the opponent No. 6 dashed the Tractor bearing registration No. GJ12K1377 near the hillock situated near village Devisar. As a result of this Talab sustained serious injuries and succumbed to the same. The claimants have therefore filed the aforesaid claim petition wherein the impugned award came to be passed which is challenged in this petition.
3.0 Learned Advocate for the appellant submitted that the learned Tribunal has erred in awarding Rs. 4, 41, 500/ to the claimants without there being any evidence on record; that the Tribunal erred in considering the income of the deceased at Rs. 36, 000/ per annum without any evidence on record and that the interest @ 12% on the awarded amount is on higher side.
4.0 Learned advocate for the respondents supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 I have heard the learned Advocates for the respective parties and perused the documents on record.
6.0 As regards the income of the deceased is concerned, it is found that the deceased was agricultural labourer. The appellantInsurance Company has not tried to examine the employer of the deceased to prove that the deceased was not earning Rs. 4500/. In the cross examination below the affidavit sworn by the advocate for the respondent No.1 original claimant No.1, father of deceased by the advocate for the insurance company wherein it is stated that the deceased was not getting Rs. 4500/ per month. The insurance company has not examined any witness nor has produced any documentary evidence showing that the income of the deceased was not Rs. 4500/. The learned Tribunal in absence of corroborative evidence has assessed the income of Rs. 3000/ per month and Rs.36,000/ per year which in my opinion is just and proper.
7.0 As per Second Schedule the compensation which can be awarded on the death of a person who was above 20 years but not exceeding 25 years age having annual income of Rs. 36, 000/ is Rs.6,48,000/. 1/3rd deduction would come to Rs. 2, 16, 000/ and therefore the net amount would be Rs. 4, 32, 000/. Rs. 2000/ was awarded towards funeral expenses and Rs. 5000/ towards the loss of consortium and Rs. 2500/ towards the loss to the estate. The learned Tribunal has awarded total compensation of Rs. 4, 41, 500/.
8.0 The learned advocate for the appellant could not point out anything from the record to take a different view in the matter. The amount awarded by the Tribunal is just and proper.
9.0 However, I am of the view that the Tribunal ought not to have granted interest at the rate of 12%. It should have been only 9% as per the ratio laid down in the decision of the Hon'ble Supreme Court in case of S. Kaushnuma Begum and others versus The New India Assurance Co. Ltd reported in AIR 2001 Supreme Court Cases 485(1) more particularly in para 24 wherein it is held as under:
“Now, we have to fix up the rate of interest. Section 171 of the MV Act empowers the Tribunal to direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as may be specified in this behalf. Earlier, 12% was found to be the reasonable rate of simple interest. With a change in economy and the policy of the Reserve Bank of India the interest rate has been lowered. The nationalized banks are now granting interest at the rate of 9% on fixed deposits for one year. We, therefore, direct that the compensation amount fixed hereinbefore shall bear interest at the rate of 9% per annum from the date of the claim made by the appellants. The amount of Rs.50,000/ paid by the Insurance Company under Section 140 shall be deducted from the principal amount as on the date of its payment, and interest would be recalculated on the balance amount of the principal sum from such date.”
10.0 Therefore the interest rate is reduced to 9% from 12% in view of the principles laid down in the aforesaid decision. The appellant shall be liable to pay interest @ 9% from the date of claim petition till realization. The excess amount deposited by the appellants qua 3% interest shall be refunded. The award is modified to the aforesaid extent. Appeal is partly allowed with no order as to costs.
(K.S.JHAVERI, J.) niru*