1. The appellants herein have challenged the award dated 15.12.1995 passed by the Motor Accident Claims Tribunal (Aux.), Kutch- Bhuj in Motor Accident Claims Petition No. 124 & 166 of 1988 so far as the Tribunal awarded Rs. 2,00,000/- & 15000/- respectively by way of compensation to the original claimants along with 15% interest.
2. It is the case of the claimants that on 12.10.1987 while Shri Kiritkumar Suthar and claimant of Motor Accident Claims Petition No. 166 of 1988 were travelling in an auto rickshaw bearing registration no. GTY 1160, a truck bearing registration no. GTY 7514 driven by the original opponent no. 1 in a rash and negligent manner came from the opposite side and hit the auto rickshaw as a result of which they sustained serious injuries. Shri Kiritkumar succumbed to those injuries whereas the claimant of Motor Accident Claims Petition No. 166 of 1988 survived. The claimants of Motor Accident Claims Petition No. 124 of 1988s being legal heirs and representatives of the deceased therefore filed claim petition for compensation. The Tribunal after hearing the parties passed the aforesaid award.
Mr.
Sunil Parikh, learned advocate appearing for the appellant submitted that the Tribunal erred in quantifying the award at Rs. 2 lakhs and 50000/- . He submitted that the dependency loss awarded by the Tribunal is on the higher side and therefore the same is required to be reduced. He also submitted that the Tribunal erred in not deducting 1/3 for personal expenses. He further submitted that even the interest of 15% awarded is on higher side.
4. Ms.
Jani, learned advocate appearing for the respondent supported the impugned award and submitted that the award having been passed after considering the evidence in detail does not call for any interference by this Court.
5. The Tribunal has gone into the evidence in detail and has come to the conclusion that the accident in question happened because of the negligence of the driver of the truck. The Tribunal has quantified the amount of compensation at Rs. 2 lakhs in Motor Accident Claims Petition No. 124 of 1988 and Rs. 50000/- in Motor Accident Claims Petition No. 166 of 1988. The same is just and proper and does not call for any interference by this Court. However, the interest of 15% imposed by the Tribunal is on a higher side. This court is of the view that interest of 12% ought to have been imposed by the Tribunal. The award is required to be modified to the aforesaid extent.
6. Accordingly, appeals are partly allowed. The appellants shall be liable to pay interest @ 12% instead of 15% from the date of claim petition till realisation. The amount deposited by the appellants qua 3% interest shall be refunded. The proportionate amount in FDR shall be paid to the claimants. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S.
JHAVERI, J.) Divya// Top