LALBABU DHARAMNATH RAI Vs. ASLAMBHAI OSMANBHAI QURESHI

JUDGEMENT

(1.) THE appellants, original claimants, had preferred M.A.C.P. No.173/2008 u/s.163-A of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Gandhidham ? Kutch claiming total compensation of Rs.4,84,500/- along with interest and costs in respect of the vehicular accident that took place on 17.12.2004 in which their son - Kamleshkumar Rai had expired. THE Tribunal allowed the claim petition in part by judgment and award dated 30.09.2009 to the tune of Rs.3,88,500/- along with interest at the rate of 9% per annum from 08.04.2008 till its realization with proportionate costs.

(2.) MR. Hiren Modi learned counsel for the appellants fairly conceded that he would not be in a position to seek enhancement of compensation on any ground/s. He, however, submitted that the Tribunal erred in awarding interest only from 08.04.2008 rather than from the date of filing of the claim petition and therefore, the same may be modified.