1.0 Learned advocate for the appellant is permitted to deleted respondents No. 8 and 9.
2.0 This appeal is directed against the judgement and award dated 28.01.2002 passed by learned Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in Motor Accident Claim Petition No. 799 of 1998 wherein the Tribunal has awarded a sum of Rs.4,65,100/ long with interest at the rate of 12% per annum from the date of petition till realization.
3.0 On the day of the accident one Ibrahim Mamad Gambhir was traveling on his scooter. When he reached near B.M. Automobiles at Gandhidham, a jeep bearing registration No. M. H. 186525 came from opposite side and knocked down the said Ibrahim. He sustained serious injuries and removed to hospital where he died. His legal heirs therefore filed the aforesaid claim petition wherein the impugned award was passed which is challenged in the present appeal.
4.0 Learned Advocate mainly contended that the income taken by the Tribunal is on higher side and that the Tribunal ought not to have granted interest at the rate of 12% per annum.
5.0 As regards the age and income of the deceased, the Insurance Company has not crossexamined the mother of the deceased. She has stated in her affidavit and declared on oath that her son was 30 years of age at the time of the accident. The claimants have also examined the Sarpanch of the village and here also the Insurance Company failed to cross examine him. Therefore the Tribunal has rightly taken the age of the deceased at 30 years. Same is the case with regard to income. There is certificate on record to show the income of the deceased.
6.0 Thus, the appellant has failed to establish their case before the Tribunal. Even before this Court the appellant could not persuade this court to take a different view of the matter. I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal.
7.0 However, looking to the trend of the rate of interest the interest at the rate of 12% is on higher side. The appropriate rate is 9% in view of ratio laid down in the decision of the Hon'ble Supreme Court in case of S. Kaushnuma Begum and others versus the New Indian Insurance Co.
Ltd. and others reported in AIR 2001 Supreme Court Cases 485(1).. Therefore it is held that the claimants are entitled to interest at the rate of 9% on the awarded amount. The award is modified to the aforesaid extent. Appeal is allowed partly with no order as to costs. The excess amount deposed by the appellants qua 3% interest shall be refunded.
(K.S.JHAVERI, J.) niru*