CHAUDHARI RATNAJI VENAJI Vs. HASTIMAL MOHANLAL

JUDGEMENT

(1.) Admit. Ms. Megha Jani, learned Advocate, waives notice of admission on behalf of respondent No. 2. By this appeal under Section 173 of the Motor Vehicles Act, 1988 ("Act"), the appellants-original claimants have raised a very interesting and important question as to from which date the interest could be claimed or directed to be paid by the concerned Tribunal when amount of compensation on account of road mishap awarded in application under Section 163-A of the Act, which is submitted during the pendency of the application for compensation under Section 166 of the Act.

(2.) The Motor Accident Claims Tribunal (Main) Banaskantha District, Palanpur, on 09-04-2002, in an order below Exh.13, in Motor Accident Claim Petition No.489 of 1996, passed an award of Rs.1,52,000/= in favour of the appellants-original claimants and against the respondents-original opponent Nos.1 and 2, with running interest at the rate of 9% per annum from the date of application under Sec. 163-A of the Act, till the date of payment along with proportionate costs for the untimely and premature demise of bread-earner deceased Rameshbhai Ratnaji Chaudhary, arising out of a vehicular accident which occurred on 01-06-1996 at about 4.30 P.M. on Sachor - Raniwada Road about 13 Kms away in the East from Sachor outpost in Banaskantha District of Gujarat State against the claim of Rs.1,60,000/= made by the original claimants, who are the heirs and legal representatives of deceased Rameshbhai. One tanker RJC 3789 was involved in the accident, which was owned by original opponent No.1 and insured with original opponent No. 2.

(3.) The application under Sec.163-A based on the structural formula for compensation came to be filed by the original claimants, on 04-11-1999, claiming interim compensation on the basis of `no fault liability'. The original claimants had made the application for compensation for the death of bread-earner of the family arising out of the motor accident, before the said Tribunal, being M.A.C.P. No. 489 of 1996, on 01-07-1996. The Tribunal awarded interest w.e.f. the date on making the application under Sec. 163-A, whereas, claimants claimed interest from the date of the application under Sec. 166 on 01-07-1996. Initially, Exh. 13 submitted in the course of the pendency of the claim application under Sec. 166 for interim compensation on the structured formula and on `no fault liability', was treated as final application, upon withdrawal of the claim application M.A.C.P. No. 489 of 1996 under Sec. 166 by the Tribunal. The Tribunal, also, passed order on 01-09-2002 that in view of the withdrawal pursis, Exh. 32, the application for compensation under Sec. 166 shall stand disposed of without any order as to costs.