FA/2257/1999 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2257 of 1999 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI Sd/- ======================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ======================================================= GUJARAT STATE ROAD TRANSPORT CORPORATION - Appellant(s) Versus JAGDISHCHANDRA CHAMPAKLAL NAYAK & 5 - Defendant(s) ======================================================= Appearance : MR HARDIK C RAWAL for Appellant(s) : 1, MR AV TRIVEDI for Defendant(s) : 1 - 5. NOTICE SERVED for Defendant(s) : 6, ======================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 22/01/2008 ORAL JUDGMENT 1. This appeal is directed against the judgment and award dated 16.12.1998 passed in Motor FA/2257/1999 2/3 JUDGMENT Accident Claim Petition No.1249/1995 by the Motor Accident Claims Tribunal (Auxiliary), Ahmedabad (for short “the Tribuna) so far as it directs payment of interest at @ 15 on the amount awarded. 2. The brief facts as emerging from the record are that on 03.08.1995, the incident took place, in which, one Bhartiben wife of the original claimant no.1 and mother of rest of the claimants, who was riding a scooter bearing Registration No.GCF 7696 lost her life when the offending S.T. Bus bearing Registration No.GJ- 1-Z-1594 dashed against it. The claimants filed the claim petition claiming Rs.8,00,000/- by way of compensation. 3. In the said application, after hearing the parties, the Tribunal passed impugned judgment and award. Hence, the present appeal is filed. 4. Learned counsel for the appellant, Mr.Prajapati has contended that the amount awarded by the Tribunal is just, legal and proper, however, the rate of interest @ 15% is on higher side and, hence, the rate of interest is required to be reduced. FA/2257/1999 3/3 JUDGMENT 5. I have heard learned counsel appearing for the respective parties. Keeping in mind the law prevailing on the date of passing of the impugned judgment and award, the rate of interest @15% is on higher side. In that view of the matter, rate of interest @ 12% is just, legal and proper. 6. In the result, the appeal is allowed and the rate of interest @ 15% on the awarded amount is reduced to the extent of 12%. The claimant will be entitled to Rs.1,01,800/- with interest @ 12% from the date of filing of the petition till realization as directed by the Tribunal. The judgment and award of the Tribunal is modified accordingly. There shall be no orders as to costs. If the amount is lying with the Tribunal, same will be paid to the Corporation. Sd/- (K.S.JHAVERI, J.) /patil