1.0 First Appeals No. 2088 of 2002 and 2101 of 2002 are directed against the judgment and awarded dated 06.04.2002 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in M.A.C.P. No. 578 of 1998, whereby the claim petition was partly allowed and the original claimants were awarded to compensation of Rs.2,13,500/ along with interest @ 12% per annum from the date of the application till its realization.
2.0 First Appeal No. 2089 of 2002 is directed against the judgment and awarded dated 05.04.2002 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in M.A.C.P. No. 626 of 1998, whereby the claim petition was partly allowed and the original claimants were awarded to compensation of Rs.3,93,500/ along with interest @ 12% per annum from the date of the application till its realization.
3.0 On 28.12.1997 Rudabhai Bhachubhai Koli was going from Lunava to Morgar along with Kesharbhai driving his Tractor No. GJ12F8678 owned by original opponent No.1 Mahendrasinh Hetubha Jadeja. After midnight at 1.00 A.M, the Tractor suddenly turned turtle and both were pressed under the Tractor and sustained serious injuries and succumbed to the same. The heirs of the deceased had preferred the above claim petitions before the Tribunal, which came to be partly allowed. Hence, this appeal.
4.0 The appellantInsurance Company has preferred the present appeal mainly contending that in view of the principle laid down by the Apex Court in the case Dharampal v. U.P. State Road Transport Corporation AIR 2008 SC 2312, the rate of interest awarded by the Tribunal is on higher side.
5.0 Heard learned counsel for the respective parties and perused the documents on record. In view of the principle laid down in the case of Dharampal [Supra] and since the impugned award came to be passed in the year 2002, the claimants shall be entitled for the interest at the bank rate that was prevailing in the year 2002.
6.0 In view of the above, the appeals are partly allowed. The impugned award stands modified qua the rate of interest. The appeals stand disposed of accordingly.
(K.S.JHAVERI, J.) niru*