1. This appeal has been preferred against the judgment and award dated 27.05.2002 passed by the Motor Accident Claims Tribunal [Main], Kachchh at Bhuj in M.A.C.P. No. 42/2000, whereby the claim petition was partly allowed and the original claimants were awarded to compensation of Rs.3,16,200/- along with interest @ 12% per annum from the date of the application till its realization.
2. The facts in brief are that on 20.09.1999, at around 0130 hours, while Dharmishthaben was travelling in a Jeep bearing registration no. GJ-12-V-7673, at a particular place, a truck bearing registration no. GJ-11-U-8970 in a rash and negligent manner, dashed the Jeep, a result of which, Dharmisthaben sustained severe bodily injuries and she died on the spot. The legal heirs of the deceased, filed the claim petition, which came to be partly allowed. Hence, this appeal.
3. The appellant-Insurance Company has preferred the present appeal mainly contending that in view of the principle laid down by the Apex Court in the case Dharampal v. U.P. State Road Transport Corporation AIR 2008 SC 2312, the rate of interest awarded by the Tribunal is on higher side.
4. Heard learned counsel for the respective parties and perused the documents on record. In view of the principle laid down in the case of Dharampal [Supra] and since the impugned award came to be passed in the year 2002, the claimants shall be entitled for the interest at the bank rate that was prevailing in the year 2002.
5. In view of the above, the appeal is partly allowed. The impugned award stands modified qua the rate of interest. The appeal stands disposed of accordingly.
[K.S.
JHAVERI, J.] /phalguni/ Top