1. This appeal has been preferred against the judgment and award dated 10.12.2001 passed by the Motor Accident Claims Tribunal (Main), Banaskantha at Palanpur in M.A.C.P. No.251/1998 only to the extent that the Tribunal has granted interest at the rate of 9% per annum only from the date of filing of application Exhibit-8 and not from the date when the main claim petition was filed.
2. The appellants have placed reliance upon a decision rendered by a Division Bench of this Court in First Appeal No.2261/2002 dated 20.12.2003 wherein, it has been held that interest has to be awarded from the date of application preferred u/s.166 of the M.V. Act.
3. In view of the principle laid down in the above decision, the appellants herein shall also be entitled to get interest on the total amount of compensation at the rate of 9% per annum from the date the application u/s.166 of the M.V. Act was preferred and not from the date of application Exhibit-8 and till the payment is made. The impugned award stands modified to the above extent only. The appeal is, accordingly, disposed of.
[K.
S. JHAVERI, J.] Pravin/* Top