LAWS(GJH)-2021-12-286

NASIRKHAN BHIKHANKHAN PATHAN Vs. AAIYBBHAI PIRBHAI SHEIKH

Decided On December 15, 2021
Nasirkhan Bhikhankhan Pathan Appellant
V/S
Aaiybbhai Pirbhai Sheikh Respondents

JUDGEMENT

(1.) The first appeal is filed by the original claimant challenging the impugned judgment and award passed by the Motor Accident Claims Tribunal (Auxi), Ahmedabad dtd. 23/1/2006 below Exh. 56 in MACP No. 1095 of 2003, whereby the Tribunal has partly allowed the claim petition by awarding Rs.2,46,280.00 towards the compensation at the rate of 6% from the date of application till the date of realization.

(2.) The brief facts of the present case are as under.

(3.) Learned advocate for the appellant has submitted that the Tribunal has erred in law and in not properly considering the rate of interest. He has relied on the judgment of the Hon'ble Apex Court in the case of Arun Kumar Jha Vs. Ranvirsingh and another reported in 2019 ACJ 2133, more particularly in Para Nos. 3, 5 & 6, which reads as under: