DEEPAK MAHESHWARI,J. - (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act of 1988') has been preferred against the award passed by the learned Motor Accident Claims Tribunal (First), Jodhpur (for short, 'learned Tribunal') on 13.12.2000. Learned Tribunal has quantified the award at Rs. 2,20,000/- in favour of the claimants/appellants while allowing interest @ 12% per annum and excluding the interest amount for the period from 17.06.1996 to 08.09.1999.
(2.) Feeling aggrieved by the award aforesaid, this appeal has been preferred by the claimants/appellants. It has been stated in para 2 of the memo of appeal that disallowing the interest for the period from 17.06.1996 to 08.09.1999 is erroneous and without any just reason. Learned Tribunal itself has stated in para 24 of the award that because the claimants have caused delay from 17.09.1996 to 08.09.1996; hence, interest could have not been disallowed from an earlier date, i.e., 17.06.1996. Further, adjournments were not sought during this period by the claimants/appellants but there were other reasons also, e.g., the Presiding Officer remained on leave, work abstention by members of bar and both the parties getting the matter adjourned for compromise. When the learned Tribunal has adjourned the matter considering the reasons assigned to be sufficient and reasonable, interest for the above said period should not have been disallowed.
(3.) Other ground of the challenge is that one-third income has been deducted for the personal living expenses of deceased Shankar Lal while presuming his monthly income to be Rs. 2400/-. But looking to the four dependents namely, the wife and three children, only one-fifth of the income should have been deducted for the personal expenses of deceased. It has further been averred that there is a calculation mistake committed by the learned Tribunal and only Rs. 2,00,000/- have been quantified in place of Rs. 2,11,200/-.;