SAJJAN DEVI Vs. MOOL CHAND

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BRIEF facts of the case are that an accident occurred on 1st December, 1992 and in that accident one Sugan Chand died. Sugan Chand's wife and his son submitted a claim petition before the Motor Accident Claims Tribunal, Bhilwara. The registered owner of the vehicle as well as transferee of the vehicle were impleaded as party non -claimants in the claim petition. The Tribunal exonerated the Insurance Company from any 1iabi1ity as the vehicle was not insured. The driver of the vehicle was also impleaded as party. The Tribunal held that it was the sole negligence of the driver of the vehicle in the accident and, therefore, the driver is liable to pay the compensation and, consequently, the registered owner as well as the transferee of the vehicle both are also liable vicariously, jointly and severally. However, the Tribunal awarded interest @ 9% per annum in the award dated 20th November, 2000. Hence, the S.B. Civil Misc. Appeal No. 196/2001 has been filed by the claimants for enhancement of the interest from 9% per annum to 12% per annum.

(3.) I considered the submissions of learned Counsel for the parties and perused the record also. So far as award of interest @ 9% per annum is concerned, the reason may not by sufficient, but the fact remains is that in the light of the subsequent judgments of the Hon'ble Supreme Court, the interest could have been only 9% per annum. Therefore, I do not find any merit in tile appeal preferred by the claimants for enhancement of the interest from 9% to 12%.