1.0 This appeal is directed against the judgement and award dated 17.04.2002 passed by the learned Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in Motor Accident Claim Petition No. 735 of 2000 wherein the Tribunal has awarded a sum of Rs. 2,92,500/ along with interest at the rate of 12% from the date of petition till its realization.
2.0 On the date of accident, Amratben along with her brother Himabhai was going from the wadi situated in the sim of village Sukhpur to meet her uncle Hareshbhai residing the wadi situated at village Haripar. When they reached near the Bholenath Petrol Pump one Mini Luxury Bus bearing Registration No. GJ12T4291 driven by the opponent No.3 original opponent No.1 during his course of employment with the opponent No. 4 came in a rash and negligent manner and dashed with Amratben as a result of which she sustained serious injuries and succumbed to the injuries. The parents of the deceased filed the aforesaid claim petition under Section 163A of the Motor Vehicles Act, 1988 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 assessing the income of Rs. 2000/ per month; that the certificates issued by the persons with regard to the income of the deceased were not exhibited and none of the persons issuing the certificate is examined before the Tribunal ; that the award of Rs.2,88,000/ under the head of loss of dependency is not based on the evidence on record and is on higher side and 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 Advocate 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 in crossexamination of the father of the deceased nothing is proved contrary by the appellant with the regard to the income of the deceased. In that view of the matter, the income of Rs. 2000/ per month assessed by the learned Tribunal is just and proper.
7.0 Further, 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. 24, 000/ is Rs.4,32, 000/. In the fatal accident claims shall be reduced by 1/3rd in consideration of the expenses which the victim would have incurred towards maintaining herself had she been alive. Thus, the amount of Rs.1, 44, 000/ being 1/3rd of Rs. 4, 32, 000/ is deducted out of Rs.4,32,000/. Therefore, the claimants will be entitled to get the compensation of Rs. 2, 88, 000/ ( Rs. 4,32,000/ Rs. 1, 44, 000/) . Rs. 2000 was awarded towards funeral expenses and Rs. 2500/ towards the loss of estate. The learned Tribunal has awarded total compensation of Rs. 02,92,500/. 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.
8.0 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 particulary 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.”
9.0 Therefore the interest rate is reduced to 9% instead of 12% in view of the principles laid down in the aforesaid decision. The appellant shall be liable to pay interest @ 12% instead of 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*