By way of filing this appeal, the appellant – insurance company has challenged the judgment and award dated 15th September 2000 passed by the learned Motor Accident Claims Tribunal (Main), Junagadh in Motor Accident Claim Petition No.143 of 1995 whereby the Tribunal awarded Rs.1,59,600 towards compensation to the claimants along with interest at the rate of 12% from the date of application till realisation. 2 The short facts of the present case are that deceased Kishore was riding the motorcycle bearing No.GCG 8129 for going to Upleta from Khambhaliya and when he reached near Krushna Petrol Pump on Upleta-Dhoraji Highway, his motorcycle was given a dash by truck bearing No.GJ.11.T 8002 which was coming from the opposite direction due to which deceased Kishor died on the spot. Respondents – original claimants therefore filed MAC Petition No.143 of 1995 before the MAC Tribunal at Junagadh wherein the Tribunal awarded Rs.1,59,600 to the respondents original claimants along with interest at the rate of 12%.
3 Feeling aggrieved by and dissatisfied with the judgment and award dated 15th September 2000 passed by the learned Motor Accident Claims Tribunal (Main), Junagadh in Motor Accident Claim Petition No.143 of 1995 whereby the Tribunal awarded Rs.1,59,600 towards compensation to the claimants the appellant – insurance company has filed this appeal against the same.
4 The Tribunal considered the income of the deceased at Rs.1500 per month and after deducting Rs.300 towards his personal expenses by following unit system, he considered Rs.1200 to be his income and by applying multiplier of 15 he granted Rs.2,16,000 under the head of future economic loss. He has also awarded Rs.10,000 towards conventional allowance and Rs.2,000 towards funeral expenses. Thus, in all, Rs.2,28,000 is considered as the compensation out of which, considering the contributory negligence on the part of the claimant, which is apportioned at 30%, he deducted Rs.68,400 therefrom and awarded Rs.1,59,600 to the claimants along with interest at the rate of 12% per annum.
5. In my view, the judgment and award of the Tribunal is just and proper and no interference is called for. However, learned counsel for the appellant has relied upon the decision of the Supreme Court reported in AIR 2001 SC 485 to contend that the Tribunal ought to awarded interest at the rate of 9% instead of 12%. The said contention is accepted. The rate of interest awarded is required to be reduced and accordingly the rate of interest awarded is reduced to 9% per annum from 12%.. 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.
In the result, the Appeal is allowed with no order as to costs.
(K.S.Jhaveri, J.) *mohd