1 fa1258-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL NO. 1258 OF 2011 ALONGWITH CIVIL APPLICATION NO.3043 OF 2006 ALONGWITH CIVIL APPLICATION NO.1961 OF 2011 Oriental Insurance Company Ltd. .. Appellant V/s. Shabana Munir Mulla & Others .. Respondents ..... Mr. J. S. Chandani for the the appellant. Mr. Nilesh Wabre i/b. Mr. Umesh R. Mankapure for respondent Nos.1 to 5. Mr. Mahendra Agavekar i/b. Mr. Mandar Limaye for respondent No.4. ..... CORAM : A.S.OKA, J. DATE : JULY 18, 2011. ORAL JUDGMENT : Considering the narrow controversy involved in the Appeal, the same is taken up for final disposal. 2. The appellant is the third opponent in a claim petition filed by first to fifth respondents under Section 166 of the Motor Vehicles Act, 1988. Compensation was claimed on account of death of one Munir Bashir Mulla in a motor accident. 3. On 13th April, 1999, the deceased was travelling from Mumbai to 2 fa1258-11 Sangli by a luxury bus. At the time of accident, the 9th respondent herein was driving the luxury bus which was owned by the 8th respondent. At that time, a container came from the opposite direction which was driven by 7th respondent which was owned by the 6th respondent. The said container gave dash to the luxury bus. Due to the injury sustained in the accident, the said Munir died. The truck/container was insured with the appellant. The Tribunal found that the accident occurred due to the rash and negligent driving by the driver of the container/truck. Compensation of Rs.5,63,300/- was granted by the Tribunal alongwith interest at the rate of Rs.12% per annum from the date of filing of the claim petition till the realization. 4. The first submission of the learned counsel appearing for the applicant is that there was negligence on the part of the driver of the luxury bus. He submitted that the owner and the driver of the luxury bus ought to have been held liable for payment of compensation. The second submission is that interest granted at the rate of Rs.12% per annum is excessive. 5. I have considered the submissions. It must be noted here that the driver of the trailer-truck was not examined by the appellant. The 9th respondent who was driving the bus stepped into the witness box. The said driver of the bus stated that the Truck left correct correct side 3 fa1258-11 of the road and came on the wrong side and gave a dash to the bus. This fact is corroborated by the spot panchanama at Exhibit-15. Therefore, no fault can be found with the finding of the Tribunal that it was the driver of the trailer-truck who was negligent and that there is no negligence on the part of the respondent No.9. 6. The accident is of the year 1999. Considering the prevailing rates of interest of the Nationalized Banks in the year 1999, interest granted at the rate of Rs.12% per annum is excessive. The Tribunal ought to have granted interest at the rate of 9% per annum. To that extent, the impugned Award needs to be modified. 7. Hence, I pass the following order: :: O R D E R :: i. The clause (3) of the impugned Award is modified and interest will be payable at the rate of 9% per annum instead of 12% per annum. Rest of the Award is maintained as it is. ii. Sum of Rs.25,000/- deposited in this Court together with interest accrued thereon, if any, shall be transfered to the concerned Tribunal. 4 fa1258-11 iii. Appeal is partly allowed on the above terms. iv. Pending Civil Applications do not survive and the same are disposed of. (A.S.OKA, J.)