IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA F.A.O.No. 36 of 2004. Decided on : 20.4.2009 Prem Chand Nag …Appellant. Versus M/s Rana Ex-Serviocemen Bus Service & Others. ..Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ? No For the Appellant : Mr. Sanjeev Bhushan, Advocate. For the respondents : Mr. Vikas Bhardwaj, Advocate for respondent No.1. Mr. Sanjeev Kuthiala, Advocate for respondent No.3. Mr. Dushyant Dadwal, Advocate for respondents No. 4 & 5. Mr. B.M.Chauhan, Advocate for respondent No.6. __________________________________________________________ Kuldip Singh, Judge (Oral) The appellant who was petitioner/claimant before learned Motor Accident Claims Tribunal – II, Kangra at Dharamshala has come in appeal against award dated 17.9.2003 passed by the learned Motor Accident Claims Tribunal in MAC P. No.96-P/2000 for enhancement of compensation. 2. The necessary facts for adjudication of the appeal are that appellant had filed claim petition for claiming Rs.10,00,000/- on account of accident which took place on 11.4.2000 involving bus bearing registration No.HP-37-4512 which was going from Dharamshala to Palampur and in which ______________________ 1 Whether reporters of Local Papers may be allowed to see the Judgment ? yes 2 appellant was traveling. The bus was owned by respondent No.1 and was being driven by respondent No.2, whose name was deleted in the appeal on 10.8.2004. The further case is that jeep bearing registration No. HP-39-6875 was also on the road and was being driven negligently by respondent No.5. The jeep collided with the rear portion of the bus as a result of which the driver of the bus, who was driving the bus rashly and negligently, could not control the bus and it rolled in the fields due to which appellant sustained injuries. The accident took place due to rash and negligent driving of the respondents No. 2 and 5 who were under the employment of respondents No.1 and 4 respectively. The respondent No.3 was the insurer of the bus and respondent No.6 was the insurer of jeep. 3. The respondents opposed the claim petition. In view of limited controversy involved in the appeal, it is not necessary to give in detail the defence of the respondents. The learned Tribunal recorded a finding that accident took place due to rash and negligent driving of respondent No.2 and respondent No.5 and awarded an amount of Rs.2,14,269/- which was ordered to be paid by respondents No.3 and 6 in equal shares. The respondents No.3 and 6 were directed to deposit the amount of compensation in the Tribunal within 45 days, failing which the claimant shall be entitled to interest at the rate of 6% per annum. The appellant has filed the appeal for enhancement of compensation. 4. I have heard the learned counsel for the parties and have gone through the record. The learned counsel for the appellant has confined his submissions in the appeal only to the claim of interest and none else. It has been submitted by the learned counsel for the appellant that the Tribunal has erred in awarding 6% interest and that too if respondents No. 3 and 6 would not deposit the compensation amount within 45 days from the date of award. He has submitted that interest has been awarded conditionally which is wrong. He has also submitted that this Court in numerous cases has awarded simple 3 interest at the rate of 9% per annum from the date of filing of the petition till deposit/realization of the amount. This submission of the learned counsel for the appellant has not been disputed by the appearing counsel on the other side, but they have submitted that the rate of interest should be not more than 6% or 7.5% per annum. 5. The learned Tribunal has erred in awarding interest conditionally, therefore, to this extent the award is not sustainable it requires modification. This Court in several cases has awarded simple interest at the rate of 9% per annum from the date of filing of the petition till realization and, therefore, I am of the opinion that in the present case also the appellant is entitled to simple interest on award amount of Rs. 2,14,269/- at the rate of 9% from the date of filing of the petition i.e. 25.11.2000 till realization of the amount. 6. Therefore, the impugned award is modified to this extent only and on award amount of Rs.2, 14,269/- simple interest at the rate of 9% per annum from the date of filing of the petition i.e. 25.11.2000 till realization of the amount shall also be payable to appellant/petitioner/claimant by the respondents No. 3 and 6 insurer of the vehicles to the extent of 50% each in addition to amount of Rs. 2, 14,269/- as awarded by Tribunal. The appeal is disposed of in above terms. (Kuldip Singh) April 20, 2009 Judge. (GR)