IN THE HIGH COURT OF UTTRAKHAND AT NAINITAL A.O. No. 475 of 2007 1. Smt. Sona Devi W/o Late Sri Dhani Ram 2. Sri Ram Chandra S/o Late Sri Dhani Ram 3. Sri Krishna Chandra S/o Late Sri Dhani Ram 4. Sri Harish Chandra S/o Late Sri Dhani Ram 5. Km. Vijay Lakshmi D/o Late Sri Dhani Ram All R/o Gram Bhalle Baghwan Gaon, Patti Chandra Badni District Tehri Garhwal ... Appellants Vs 1. Sri Kishan Singh Rana S/o Yashwant Singh R/o Gram Bhicona Tehsil Pokhri District Tehri Garhwal 2. National Insurance Company Ltd. through Branch Manager Head Office Kohli Road Market Building Haridwar Road Rishikesh ... Respondents Sri Tanuj Semwal, learned counsel for the appellants Sri D.S. Patni, learned counsel for the respondent No. 2 Hon’ble B.C. Kandpal, J. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellants/claimants against the judgment and order dated 26.07.2007 passed by M.A.C.T./Additional District Judge, Tehri Garhwal in M.A.C.C. No. 55 of 2004, Smt. Sona Devi & others Vs Sri Kishan Singh Rana & others whereby the Tribunal awarded a sum of Rs. 87,000/- as compensation which shall be payable within a period of two months failing which the same shall be payable along with interest @ 7% per annum from the date of filing the claim petition till the actual payment. 2. Brief facts of the case are that on 30.04.2004 Sri Dhani Ram was coming from Rishkesh to his village Bhalegaon in a mini bus bearing No. UP05/0173. At about 2 04:00 p.m., near Teendhaar the said vehicle met with an accident due to rash and negligent driving of its driver. In this accident, Sri Dhani Ram Died at the spot. At the time of the accident he was 50 years of age and doing the business of supplying vegetables etc. and used to earn Rs. 10,000/- per month. Therefore, the claimants filed a claim petition before the Tribunal to the tune of Rs. 5.00 lac towards compensation. 3. The owner of the vehicle as well as the Insurance Company contested the claim petition by filing their written statement. The owner of the vehicle – Sri Kishan Singh Rana has submitted in the affidavit that on the date of accident, the driver of the mini bus was having the driving licence as well as all the relevant documents pertaining to bus. The bus was being driven by its driver slowly and cautiously. It has further submitted that the bus was insured with the National Insurance Company Ltd. including the passengers of the bus, therefore, the liability of compensation was on Insurance Company. 4. On the other hand, National Insurance Company Ltd. also filed its written statement wherein it has been stated that on the date of accident, the driver of the bus was not having valid driving licence and the said vehicle was plied in violation of breach of terms and conditions of contract of insurance, therefore, the Insurance Company is not liable to pay any compensation. 5. On the basis of the pleadings of the parties, the Tribunal framed following issues:- 1. Whether the accident in question took place at about 4 p.m. on 30.04.2004 at place 3 Teendhara within police station Deoprayag, District Tehri Garhwal due to rash and negligent driving of Mini Bus No. UP05/0173 by its driver resulting death of Sri Dhani Ram as alleged? 2. Whether the driver of the vehicle was not duly licensed causing breach of terms and conditions of contract of insurance as well as the owner of the vehicle did not possess valid permit and fitness of the vehicle in violation of M.V. Act as alleged by O.P. No. 2 in paragraph Nos. 7 and 9 of its W.S.? If so its effect? 3. To what compensation are the claimants/petitioners entitled and from whom? 6. The Tribunal after hearing learned counsel for the parties and perusing the entire material available on record, allowed the claim petition by awarding Rs. 87,000/- in favour of the claimants/appellants vide judgment and order dated 26.07.2007. 7. Feeling aggrieved by the aforesaid judgment and order, the appellants preferred this petition before this Court for enhancement of the compensation. 8. Heard Sri Tanuj Semwal, learned counsel for the appellants, Sri D.S. Patni, learned counsel for the respondent No. 2 and perused the record. 9. Learned counsel for the appellants has restricted his arguments only on the point that the Tribunal has wrongly put a condition on the awarded amount that if the Insurance Company fails to pay the awarded amount within two months 4 then the Insurance Company is liable to pay an interest of 7% per annum on the awarded amount. According to him, interest should have been awarded from the date of filing the petition and the rate of interest should also be enhanced. 10. After hearing learned counsel for the appellants, I am of the view that the Tribunal while deciding the claim petition awarded a sum of Rs. 87,000/- in favour of the claimants, which is not disputed. So far as the condition adopted by the Tribunal while awarding rate of interest @ 7% which was awarded by the Tribunal appears to be unjustified. Learned counsel for the Insurance Company has not made any rival contention on the submission advanced by learned counsel for the appellants. From my point of view, if the rate of interest would be granted in favour of the claimants @ 9% per annum, it appears to be justified. 11. Learned counsel for the appellants/claimants has not pressed the appeal on other points. 12. In view of the above, the appeal is partly allowed. 13. The impugned judgment and order is modified up to the extent that the interest will be payable @ per annum from the date of filing the claim petition. With the above modification in the interest part, the award is maintained. (B.C. Kandpal, J.) 12.03.2008 ASWAL