1. Mr.
Vibhuti Nanavati learned counsel for the appellant states that he is challenging the impugned award dated 16.09.1999 passed by the Motor Accident Claims Tribunal, Dhrangadhra in M.A.C.P. (Old) No.174/1986 and M.A.C.P. (New) No.01/1998 only to the limited extent that though in the claim petition filed by the original claimants the total claim was Rs.3,00,000/-, the Tribunal has erred in awarding compensation of Rs.4,10,000/-. He fairly conceded that he would not be in a position to assail the impugned award on merits and therefore, the impugned award may be modified by awarding total compensation of Rs.3,00,000/- with interest to the original claimants.
2. In view of the above statement made by Mr. Nanavati, the impugned award is modified to the extent that the original claimants shall be entitled for total compensation of Rs.3,00,000/- along with interest as awarded by the Tribunal. The impugned award stands modified accordingly. The excess amount of Rs.1,10,000/- shall be refunded to the appellant-Insurance Company along with interest. The appeal stands disposed of accordingly.
[K.
S. JHAVERI, J.] Pravin/* Top