KAILASBEN Vs. KESUBHAI SHANKAR VANKAR

JUDGEMENT

(1.) PRESENT First Appeal under Section 173 of the Motor Vehicles Act has been preferred by the appellants-original claimants challenging the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi), Nadiad dated 12.1.1998 passed in MACP No.657 of 1984 in so far as not awarding full claim as prayed for as well as in denying the interest on the amount awarded for the period from 28.7.1988 to 26.11.1997.

(2.) SHRI Y.F. Mehta, learned advocate for the appellants has stated at the bar that the appellants are restricting the present appeal with respect to denying the interest on the amount awarded by the Tribunal for the period from 28.7.1988 to 26.11.1997. It is submitted by SHRI Mehta, learned advocate for the appellants that as such there was no delay on the part of the appellants at all. It is submitted that claim petition came to be dismissed for non prosecution on 28.7.1988 and immediately thereafter in the year 1989 the application was submitted to restore the claim petition, which came to be decided by the learned Tribunal in the 1997. It is submitted that for the delay on the part of the Court in deciding the restoration, the appellants-original claimants should not be made to suffer. Therefore, it is requested allow the present appeal to the aforesaid extent.

(3.) IN view of the above and for the reasons stated above, present appeal succeeds in part and the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi), Nadiad dated 12.1.1998 passed in MACP No.657 of 1984 is hereby modified to the extent that appellant shall be entitled to amount of compensation as awarded by the Tribunal along with interest at the rate of 12% p.a. from the date of application till realization. Present appeal is accordingly allowed to the aforesaid extent. No costs. Necessary calculation be made accordingly and the balance amount to be deposited by concerned respondent at the earliest.