1.0 This appeal is directed against the judgment and award dated 18.08.2010, passed by the learned Motor Accident Claims Tribunal (Aux.), Fast Track Court, Ahmedabad in M.A.C.P. No. 754 of 1999, whereby the Tribunal has awarded compensation in the sum of Rs. 437000/- to the claimants along with interest at the rate of 9% from the date of evidence and not from the date of the petition.
2.0 The facts of the case in brief are that Anopsing Dhisuing Chauhan who was cleaner in the Truck No. GJ 9 V 1942. When the truck was driven by respondent No.1, the dumper no. GJ 17 T 7557 came on wrong side and collied with the truck. As a result of which, Anopsing sustained injuries and succumbed to the same. Therefore, the original claimants have filed the aforesaid claim petition for claiming compensation in the sum of Rs. 500000/- on account of death of Anopsinh Dhisusing Chauha. The Tribunal decided the claim petition and passed the award as stated hereinabove.
3.0 The main contention which has been raised by the learned advocate for the appellant is that learned Tribunal erred in not granting the interest on the awarded amount from the date of application. He submitted that interest has to be granted from the date of the claim petition unless the delay is caused due to some action or inaction on the part of the concerned party. He further submitted that in the year 2007, the evidence was produced and therefore, there is no such inordinate delay on the part of the appellant.
4.0 Learned advocate for the appellant further submitted that from the year 2001 to 2007 the claim petition was not listed for hearing and for that the appellant should not be made to suffer. He contended that the issues were framed on 11.01.2007 and thereafter the delay was caused by both the sides and therefore, the order is not just and proper.
5.0 I have gone through the Roznama. From the record it seems that the matter was taken up for hearing for many times. Majority of the claim petitions are pending because the claimants are getting interest and therefore they are not attending the matter. Therefore, there is delay in the matter. The claim petition was filed on 27.09.1999. Thereafter the issues were framed only on 11.01.2007. It cannot be said that there was no delay or inaction on the part of the appellant. The view taken by the learned Tribunal is just and proper. No interference is called for. Apart from that grant of interest is at the discretion of the Court. Appeal is devoid of merits and same is dismissed.
(K.S.JHAVERI, J.) niru* Top