1. Ms.
NK Shah learned counsel for respondents no.1 to 3 submitted that the original claimants had withdrawn the claim petition filed u/s.166 of the M.V. Act, which has also been recorded in the order dated 16.03.2009 passed in Civil Application No.2546/2009.
2. Mr.
Vibhuti Nanavati learned counsel for the appellant states that the impugned award passed u/s.163-A of the M.V. Act may be treated as the final award between the parties in respect of the accident in question on the basis of the statement made by Ms. Shah. However, so far as the rate of interest awarded by the Tribunal is concerned, Mr. Nanavati submitted that the same be reduced to 9% per annum in view of the decision of the Apex Court reported in AIR 2001 S.C. 485.
3. In view of the above, the appeal is partly allowed. The impugned award passed u/s.163-A of the M.V. Act shall be treated as the final award between the parties in respect of the accident in question. However, so far as the rate of interest is concerned, the original claimants shall be entitled for interest at the rate of 9% per annum as against 12% per annum awarded by the Tribunal. The impugned award stands modified to the above extent. The appeal is, accordingly, disposed of.
[K.
S. JHAVERI, J.] Pravin/* Top