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2002 DIGILAW 97 (JHR)

National Insurance Company Ltd. v. Keshav Bahadur

2002-02-01

GURUSHARAN SHARMA, HARI SHANKAR PRASAD

body2002
JUDGMENT 1. Gurusharan Sharma and Hari Shankar Prasad, JJ.--National Insurance Company Limited has preferred this appeal challenging the award dated 10.1.1995, passed under the provisions of Motor Vehicles Act, 1939. 2. On 5.6.1987, Hasta Bahadur died in a motor accident. He was dashed by a matador (BPY-4321) near power house, Hydel Project, Sikldri, while going to attend his duty. The deceased was working as Chaukidar in the said project. He was aged about 46-47 years at the time of accident and was earning Rs. 800/- per month. 3. Compensation Case No. 92 of 1987 under Section 110A of the Act was filed by his sons and one of them examined himself as AW 1. 4. It was established that accident took place on account of rash and negligent drive of the Matador and the vehicle was insured at the relevant time with National Insurance Company Limited. 5. It is relevant to state that AW 1 stated that deceased was expending about Rs. 400/- per month towards his personal expenses. 6. The Tribunal calculated annual dependency at Rs. 400/- per month and applied 15 multiplier thereto. It was also observed that claimants were entitled to get the amount of compensation calculated on the aforesaid basis in addition to what they have already got by way of ad-interim relief. Be sides that interest (c) 12% per annum on the amount of compensation was also granted. 7. In our opinion, there was no illegality committed by the Tribunal in assessing the amount of compensation by the aforesaid method, which comes to Rs. 72000/-. The amount of interim award of Rs. 15800/- granted by tribunal on 17.2.1994 vide Compensation Case No. 91 of 1987 under Section 9-A of the Act, if already received by the claimants has to be deducted in the aforesaid amount of compensation and direction of Tribunal that claimants shall get ad-interim award amount in addition to the compensation amount assessed finally under Section 110A of the Act, was not legal and justified. 8. Pursuant to order dated 23.2.1998, the Insurance Company deposited Rs. 50,000/- in this Court, vide Challan No. J-87 dated 6.3.1998, which is to be deducted from the total amount of compensation. 9. Following recent decision of the apex Court in Smt. Kaushnuma Bagum and others v. The New India Assurance Co. 8. Pursuant to order dated 23.2.1998, the Insurance Company deposited Rs. 50,000/- in this Court, vide Challan No. J-87 dated 6.3.1998, which is to be deducted from the total amount of compensation. 9. Following recent decision of the apex Court in Smt. Kaushnuma Bagum and others v. The New India Assurance Co. Ltd. arid others (2000) 1 JLJR 322 (SC), rate of interest granted by the Tribunal is reduced from 12% to 9% per annum. 10. If balance amount of compensation with interest is paid to the claimants within one month, the Insurance Company shall not be required to pay any penal interest 18% per annum granted by the Tribunal. 11. With the aforesaid direction and modification in the impugned judgment and award dated 10.1,1995, this appeal is disposed of.