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2002 DIGILAW 207 (JHR)

Branch Manager, United India Insurance Co. Ltd. v. Kamini Maghian alias Manjhian

2002-02-18

GURUSHARAN SHARMA, HARI SHANKAR PRASAD

body2002
Judgment Gurusharan Sharma, J.-Since these three appeals have been filed against common judgment passed on applications under Section 166 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') and common questions are involved therein, they have been heard together and are disposed of by a common judgment. 2. Truck No. BPW 8147 belonging to Sarbjeet Singh of Dhanbad town met an accident on 11.11.1992. It was loaded with coal and there were some labourers thereon to unload the coal. Three of them, namely, Dule Manghi, Jayanti Manjhian and Tarapado Manghi, were seriously injured in the said accident and died. At the relevant time, truck was insured with M/s. United India Insurance Company Limited. 3. Heirs of the aforesaid three deceased persons respectively filed Title (MV) Suit Nos. 47, 48 and 49 of 1993 for compensation under the Act. It was established that driver of the truck lost control and consequently it met the accident causing death of aforesaid three persons. The Insurance Company failed to prove that the driver of the truck was possessing forged driving licence. 4. The Tribunal on the basis of evidence on record calculated daily earnings of the three deceased persons @ Rs. 30/-per day, i.e. Rs. 9001- per month. After deducting 1/3rd towards their personal expenses and applying multiplier of 15 according to their age between 30-40 years at the time of accident, a sum of Rs. 1,10,000/- was assessed as compensation amount payable to the heirs of each of the three deceased persons. A sum of Rs. 5,000/- was added thereon towards other miscellaneous expenditures and thus Rs. 1,15,000/- was directed to be paid to the claimants of the three cases filed under section 166 of the Act. 5. On the ratio of decision of Apex Court in General Manager, Kerala State Road Transport Corporation vs. Ms. Susamma Thomas and others ( AIR 1994 SC 1631 ), we find no reason to interfere with the aforesaid amount of compensation calculated by the Tribunal. 6. Section 171 of the Act provides grant of interest, but we find that the Tribunal did not consider this aspect of the matter. Susamma Thomas and others ( AIR 1994 SC 1631 ), we find no reason to interfere with the aforesaid amount of compensation calculated by the Tribunal. 6. Section 171 of the Act provides grant of interest, but we find that the Tribunal did not consider this aspect of the matter. In our considered opinion, 0" the ratio of a recent decision of Apex Court in Smt. Kaushnuma Begum and others vs. New India Assurance Company Limited [ (2001) 2 SCC 9 ], claimants-respondents are entitled to 9% interest per annum from the date of filing of claim applications till realisation. 7. Accordingly, these three Appeals are disposed of with aforesaid modification in impugned judgment and awards, but without costs.