B.R. Arora, J. - (1.) This appeal is directed against the judgment dated February 05, 1988 passed by the learned Single Judge, by which the learned Single Judge dismissed the appeal filed by the appellants and enhanced the. rate of interest from 6% per annum to 12% per annum though neither any appeal nor any cross objection was filed, by the claimants.
(2.) The brief facts of the case are that on 27.1.80 deceased Jahoor Mohammed and injured Dalpat Singh, Chandrakala and Ratanpal alongwith other passengers boarded the bus No. RSB 1044 at Doongarpur. The bus was going 1 Toni Doongarpur to Udaipur. Near village Valicha, the bus fell down in a pit. On account of this accident Jahoor Mohammed died while Dalpat Singh, Mst. Chandrakala and Ratanpal received injuries. Mst. Memuna and eight others, who are the dependents and legal representatives of deceased Jahoor Mohammed, filed a claim petition before the Motor Accident.Claims Tribunal, Udaipur for the award of compensation amounting to Rs. 5,08,000/-. This claim petition was registered as Claim Petition No. 87 of 1980. Injured Dalpat Singh filed Claim Petition No. 114 of 1981) for the award of compensation amounting to Rs. 89,1(X)/-, Smt. Chandrakala, the other injured in the accident, filed Claim Petition No. 126 of 1980 for the award of compensation amounting to Rs. 26,000/- while injured Ratanpal-the third injured-filed Claim Petition No. 130 of 1980 for the award of compensation amounting to Rs. 21,(X)0/-. Since all these four claim petitions relate to the same accident in which Jahoor Mohammed died and the other three claimants received injuries, the learned Judge of the Tribunal decided all the four claim petitions by the judgment/award dated -9.12.89. The learned Judge of the Tribunal awarded the compensation in the claim petition filed by Smt. Memuna and others to the extent of Rs. 1,92,000/- alongwith interest @ 6% per annum; Rs. 8000/- in the claim petition filed by Dalpat Singh alongwith interest @ 6% per annum, Rs. 5000/- in the claim petition filed by Smt. Chandrakala alongwith interest @ 6% per annum and Rs. 7500/- alongwith interest @ 6% in the claim petition filed by injured Ratanpal. The remaining claims of the claimants were dismissed by the learned Judge of the Tribunal. The appeal has been filed by the R.S.R.T.C. only in the present case and no appeal has been filed so far as the other three claim petitions are concerned.
(3.) The R.S.R.T.C. had filed the appeal against the award passed by the learned Judge of the Tribunal in the claim petition filed by Mst. Memuna and others but did not file any appeal in the other claim petitions. The learned Single Judge, by his judgment dated 5.2.88 dismissed the appeal filed by the appellants but, however, enhanced the rate of interest from 6% per annum to 12% per annum. It is against this judgment dated 5.2.88 that the appellants have preferred this appeal.;