JUDGMENT

Abhay Manohar Sapre, J.

1. Delay condoned. Leave granted.

2. These appeals are directed against the common final judgment and order dated 14.03.2012 passed by the High Court of Gujarat at Ahmedabad in First Appeal No. 1536 of 2001 and First Appeal No. 1819 of 2001 which arise out of the award dated 30.05.2000 passed by the Motor Accident Claims Tribunal (MACT), Panchmhals at Godhra in Motor Accident Claim Petition No. 1071 of 1987.

3. By impugned judgment, the High Court partly allowed the appeal filed by the respondent– Corporation and reduced the compensation awarded to the appellant–claimant herein by the MACT and in consequence directed him to refund the excess awarded amount with interest at the rate of 12% p.a. to the respondent-Corporation and in consequence dismissed the appeal filed by the appellant herein for seeking enhancement of the compensation awarded by the MACT.

4. In order to appreciate the issue involved in these appeals, few relevant facts need mention infra.

5. On 13.09.1987, when the appellant–claimant was going on his bicycle from Godhra to Popatpura, at that time, respondent No.2, who was driving S.T. Bus No. GRU-8749 belonging to Gujarat State Road