[1] By way of this appeal, the appellant has challenged the judgment and award dated 29.06.1996 passed by the Motor Accident Claims Tribunal (Main), Bhavnagar in Motor Accident Claims Petition No.131/1993 whereby the Tribunal awarded compensation of Rs.2,50,000/- along with interest at the rate of 15% p.m. from the date of application till realization.
[2] The facts as emerging from the record are that on 16.02.1993 deceased Labhubhai Tapubhai was walking on left side of the road at that time, a tractor came behind the deceased and hit Labhubhai on account of which the deceased was thrown out of the said vehicle and he suffered serious bodily injuries. Ultimately, he succumbed to his injuries. The legal heirs of the deceased filed claim petition before the Tribunal claiming compensation of Rs. 2,50,000/-. The Tribunal, by impugned award, partly allowed the claim petition. Hence, the present appeal.
[3] Heard learned advocates for the parties.
[4] Having perused the evidence on record and considered the submissions made by the parties and in view of the decision of this Court in the case of United India Insurance Co. Limited Vs. Bhaniben B. Koli and others rendered on 05.07.2006 in First Appeal No.79/1985, I am of the view that the view taken by the tribunal is just and proper and so far as interest part is concerned, I am of the opinion that the same is on higher side and is required to be reduced. Accordingly, interest at the rate of 15% is required to be modified to the extent of 12% and, the rest of award shall remain unaltered.
[5] For the forgoing reasons, the appeal is partly allowed qua rate of interest only. Rate of interest is modified / reduced from 15% p.a. to 12% p.a. Rest of the award shall remain unaltered. The impugned award is modified accordingly.
[ K. S. JHAVERI, J. ] vijay