HIGH COURT OF CHHATTISGARH : BILASPU_R }‘ \ M. A. No. 294 of 2003 Appellants ‘ Versus V Union of India 81; another ‘ Respondents - Arvind Kumar 8r, others UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 198E DB: Hon’ble Shri I. M. Quddusi APPEAL 85 Hon’ble Shri Justice 7N. K. Agarwal, JJ Ms Hamidausmdque, Advocgte for the appellants. Shri l 9..Jaya.nt K. Rao, Advocate for the respondents No. 2 to 6. ORDER (Oran :( Passed on this 15m day of December, 2010 ) PTer ‘ I. M. Quddusi, J. , 1 i l 1 l l i av€zard dated 10.12.2002, passed by the Fourth Additional Moto’r Achident Claims Tribunal, have heard learned counsel appearing for the appellants as well as learned counsel appearing for and perused the lower Court record as well as the iindings given 1 the respondents No. 2 to 6 in the impugned award. village Kothari he sat in the \Truck, bearing registration N0. M.P. 26~D/l402l by making a payment of Rs. 5/— as fare. At that time the non—applicant No.1 while driving the said vehicle in a rash and negligent manner dashed another Truck, bearing registration No. M.P. 26-D/ 1312, which was stationary at the road side. As a result of this incident Pyarelal receivod grievous injuries and 1 during the course of treatment he succumbed to the injuries. The iclaimants filed a claim case under Section 166 of 'the Motor iVehicles Act, 1988 for award of a total compensation of R. 2,3700/- under various heads. s 2,5 Learned Claims Trbunal, having regard to the facts and evidence on record held that the claimants are entitled or compensatio to the tune of Rs. ,,694/— ad accordingly passed th impugned ‘* award. However, it has been directed that if the amount of ward , a i not deposited within three months, the amount of compensaion s t . s'all carry interest at the rate of 12% per annum from the date of li he award i.e. 10.12002. Having regard to the facts sittion and the evidence on record e ‘ ua w do'not flnd any reason to interfere with the quantum of award. o wa the Hwever, we feel that the ard of penal interest at rate of 1% per annum i excessive and in ou opinion the Tribunal 2 s r should ha awarded te simple interest a the rate of 6% per ve h t annum from e ate o li of the claim petition. In viw ofe above, we allow this appeal in part and odify the d 10. impugne award dated 12.2002 to the extent that the amount of compensation warded by the Claims Tribunal shall ar a cry simple inerest @ 6% a. from the date of filing 0f the aim t p. cl petition. Rest of the conditions of the award shall remain intact. f n l l l i l l l l l 688 n e l ‘ l l 1 l l l t .2 E th d f fing 1 ‘ e th m No order as to costs l ‘K Sd/— Sdl- , i N. K. Agarwal 1M. QUDDUS‘ Judge Judge