1. This appeal has been preferred against the judgment and award dated 31.01.1998 passed by the Motor Accident Claims Tribunal [Aux.] Kutch at Bhuj in M.A.C.P. No. 354 of 1991, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.2,00,000/- along with interest @ 15% per annum from the date of the application till its realization.
2. The facts in brief are that on 27.05.1991, while the respondent was standing near his house, at that time, the driver of the taxi bearing no. GTY 9125, in a rash and negligent manner, dashed the respondent. As a result of which, the respondent sustained severe bodily injuries. Later on, he filed claim petition, which came to be partly allowed, by way of the impugned award. Hence, this appeal.
3. Heard learned counsel for the respective parties and perused the documents on record. The appellants have challenged the impugned award passed by the Tribunal only qua interest. It is submitted that interest at the rate of 15% per annum awarded by the Tribunal is on the higher side and that the same deserves to be reduced.
4. Considering the facts of the case and in view of the principle laid down by the Apex Court in the case of Sarla Verma v. Delhi Transport Corporation & anr, (2009) 6 S.C.C. 121, interest at the rate of 15% per annum is on the higher side. In my opinion, if interest at the rate of 12% per annum is awarded, the same would meet with the ends of justice.
5. No other contention has been raised by learned counsel for the appellants.
6. For the foregoing reason, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the original claimants shall be entitled for interest at the rate of 12% per annum on the amount of compensation as against 15% awarded by the Tribunal. The rest of the impugned award remains unaltered and is confirmed. The excess amount shall paid to the appellant Insurance Company. The appeal stands disposed of accordingly. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/