This appeal is directed against the judgment and award dated 17th October 1996 passed by the learned Motor Accidents Claims Tribunal,(Main), Sabarkantha at Himatnagar in MAC Petition No.61 of 1990 that has been filed by the claimants. 2 The short facts of the present case are to the effect that the respondent herein and one Agarsinh Somsinh were standing on the correct side of the road on National Highway No.8, near ST Depot of Himatnagar at about 6.30 PM on 14th December 1988. It is the case of the claimant that at that time a truck bearing No.GRV 5284 came there at an excessive speed and dashed with the claimant because of which he sustained serious injuries. The claimant was shifted to Civil Hospital, Ahmedabad where took the treatment from 15.12.1988 till 22.3.1989. It is his case that because of the injuries sustained by him, he suffered permanent partial disability. He therefore filed claim petition claiming total compensation of Rs.1,50,000 from the opponents jointly and severally.
3 The learned Judge of the Tribunal has calculated the monthly income of the claimant at Rs.1500 per month and as the claimant sustained 30% whole body disability, considered Rs.450 per month as his future loss of income and Rs.5,400 per year. Looking to the age of the claimant, the Tribunal adopted the multiplier of 10 and determined the compensation under the head of future loss of income at Rs.54,000/-. He awarded Rs.30,000 under the head of pain, shock and suffering. He awarded Rs.2,000 under the head of transportation charges and Rs.3,000 under the head of attendant charges. The Tribunal has also awarded Rs.20,000 under the head of medical expenses, Rs.3,000/- towards special diet and Rs.12,000 for the loss of past income and general damages. Thus, the Tribunal has awarded in all Rs.1,24,000/- with interest at the rate of 15% per annum from the date of the application till realisation.
4 Learned counsel for the appellant having argued on the point of quantum vehemently conceded that there is no case for interference on the point of quantum. He, however, contended that the rate of interest at 15% awarded is on higher side. The same is excessive looking to the decisions of the Apex Court and the same shall not be awarded more than 12%. Hence, it is required to be reduced and accordingly the rate of interest awarded is reduced to 12% per annum from 15% in both the appeals. The excess amount of 3% of interest will be refunded back to the appellant-insurance company if the same is deposited by the appellant with the Tribunal.
(K.S.Jhaveri, J.) *mohd