1.0 This appeal is directed against the judgment and award dated 05.01.1998 passed by learned Motor Accident Claims tribunal (Aux.), Gondal in Motor Accident Claim Petition No. 452 of 1993 wherein the Tribunal has awarded a sum of Rs.1,95,000/ along with interest at the rate of 15% per annum from the date of claim petition till its realization.
2.0 On 13.09.1993 one Bhikhabhai Devshi was driving his motor cycle and he went to Jamvad Petrol Pump to fill up petrol. His brother Vallabhbhai Devshibhai was also traveling as pillion rider. At that time a Luxury bus came in rash and negligent manner and dashed with the motor cycle. Bhikhabhai Devshi sustained injuries and died and Vallabhbhai sustained serious injuries. He therefore filed M.A.C.P No.452 of 1993 claiming compensation wherein the aforesaid award came to be passed.
3.0 Learned Advocate for the appellant submitted that the Tribunal erred in holding that the accident has occurred due to 90% negligence of the bus driver; that the driver of the motor cycle was negligent; that the amount awarded by the Tribunal is on higher side and that the Tribunal ought not to have awarded interest at the rate of 15% per annum.
4.0 As regards the liability is concerned, the Tribunal has considered this aspect in para 10 of the judgement in greater detail. After going through the FIR and Panchnama of scene of offence it was found that the motor cycle was badly damaged and that the driver of the bus was negligent to an extent of 90%. It was also noticed that the luxury bus being a heavy vehicle the driver ought to have been more careful. I am in complete agreement with the reasoning adopted by the Tribunal in this regard.
5.0 As regards income is concerned, the claimants have produced certain receipts in respect of agricultural income. Taking the overall evidence and dependency the Tribunal has taken a sum of Rs.2500/ per month which cannot be said to be on higher side. The Tribunal has considered disability to the extent of Rs.52.76%. The Tribunal has also awarded various amounts under other heads. However, learned Advocate for the appellant is not in a position to assail those findings of the Tribunal in any manner whatsoever. I am in complete agreement with the said figures adopted by the Tribunal.
6.0 However, looking to the trend of interest I am of the view that the rate of interest awarded at the rate of 15% is on higher side. It should have been 12%. Accordingly it is held that the claimants shall be entitled interest at the rate of 12% on the awarded amount. The judgement and award of the Tribunal is modified accordingly. The rest of award is nto disturbed. Appeal is partly allowed with no order as to costs.
(K.S.JHAVERI, J.) niru*