Full Judgment
G.S. Sarraf, J.
1. The claimants appellants have filed this appeal against the award dt. 10.09.1999 passed by Motor Accident Claims Tribunal and Special Court Dacoity Affected Area, Dholpur in motor accident Claim Case No. 55/94.
2. Learned Tribunal awarded Rs. 56,000/- to the claimant appellant No. 3 Reema on account of the injuries suffered by her and Rs. 5,000/- each to the claimants appellants Nos. 1 to 5 for loss of affection due to the death of one Ghanshyam Das in an accident on 20.02.1994. Out of this total amount of Rs. 81,000/- so awarded learned Tribunal deducted Rs. 50,000/- of interim award on account of no fault liability due to the death of Ghanshyam Das and thereafter passed an award of Rs. 31,000/- in favour of the claimants appellants.
3. Heard learned Counsels for the parties.
4. Learned Counsel for the claimants appellants submits that the amount of interim award on the ground of no fault liability cannot be deducted from the compensation amount which has been awarded to the claimant appellant No. 3 Reema on account of grievous and simple injuries suffered by her and to the claimants appellants Nos. 1 to 5 for the loss of affection.
5. I fully agree with the submission of learned Counsel for the claimants appellants and I find that the order of deducting Rs. 50,000/- of interim award from the compensation amount awarded to the claimants appellants is entirely illegal and unwarranted and it therefore deserves to be set aside.
6. Consequently, the appeal is allowed as above and the order of deducting Rs. 50,000/- of no fault liability from Rs. 81,000/- is set aside and a total award of Rs. 81,000/- is passed in favour of the claimants appellants. The claimants appellant will be entitled to get interest at the rate of 6% per annum from the date of filing the claim application in the Tribunal to the date of deposit/realisation on the difference amount. Learned Tribunal will pass necessary orders regarding payment/fixed deposit. No order as to costs.