MACApp. 45/2004 BEFORE HON’BLE THE CHIEF JUSTICE MR.MADAN B.LOKUR The appellant is aggrieved by an award dated 6.1.2003 passed by the MACT , Goalpara in MAC Case No.26 of 2000. On or about 14.2.1999, the husband of the claimant was traveling in a bu s. While going from Goalpara to Ambari, the bus skidded off the road and many pa ssengers were seriously injured in the accident. Unfortunately, the claimant’s h usband died as a result of the accident. The claimant then filed a petition under Section 166 of the Motor Vehicl es Act claiming compensation. The claimant examined two witnesses. One of the witnesses was Haricharan Das, a Havildar in the outpost who recorded the GD entry. The second witness wa s the claimant herself. The evidence on record confirmed the death of the claimant’s husband vid e Ext.2, which is the postmortem report. There was no dispute that the claimant ’s husband was a passenger in the vehicle inasmuch as no evidence was led by the appellant to the contrary The Tribunal found that the accident did not occur due to any mechanical fault in the vehicle. Under the circumstances, the Tribunal concluded that the accident occurr ed due to rash and negligent driving of the bus by the driver of the vehicle. As regards compensation, the Tribunal awarded an amount of Rs.2,27,000/- along with an interest of 9% per annum from the date of appearance of the appel lant, that is, 2.3.2011. Being aggrieved, the appellant has preferred this appeal. It is submitted that the bus was over crowded and, therefore, the Insura nce Company was not liable. I am unable to accept this submission. It is a fact that the driver of t he vehicle was negligent. It is on record that there was no contributory negligence insofar as the claimant’s husband is concerned. Under the circumstances, I am unable to set aside the award on the groun d that there was no negligence on the part of the driver. As regards the compensation, there is of-course no dispute. However, the Tribunal awarded an interest of 9% per annum should have been from the date of filing of the claim petition and not from the date of appearance of the claimant . Under the circumstances, while disposing of this appeal, it is made clea r that the claimant will be entitled to an interest on the awarded amount at the rate of 9% from the date of filing of the claim petition. The appeal is disposed of in the above terms.