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2007 DIGILAW 37 (JK)

Oriental Insurance Co. Ltd. v. Nirmal Kumari

2007-04-03

HAKIM IMTIYAZ HUSSAIN

body2007
1. Respondent No. 1 Nirmal Kumari, widow of late Bupinder Kumar R/o Lower Gadhi Garh, Jammu filed a claim petition before the Motor Accident Claims Tribunal, Jammu claiming compensation in respect of death of her husband who died in a vehicular accident which occurred on 12.12.1998. Alongwith the said petition, five other claim petitions were filed in respect of the other deceased persons who had died in the same accident. 2. The Tribunal on consideration of the matter disposed of these petitions. In respect of the petition of respondent No. 1, the Tribunal granted to the legal heirs of the deceased compensation of Rs. 9,80,180/- with interest @ 9% per annum from the date of filing of claim petition till the payment is made. The award is not acceptable to the appellant who have filed the present appeal. It is alleged that the amount has not been properly assessed and that the rate of interest awarded is on higher side. During the pendency of appeal the appellant has deposited the whole amount of compensation as awarded by the Tribunal with the Registry of this Court. It is stated that the amount has been kept in the Fixed Deposit in the Bank. 3. Learned counsel appearing for the appellant submits that the tribunal has while arriving at the amount of compensation considered the future income of the deceased as Rs. 8625/- and has applied a Multiplier of 15. According to the learned counsel the Tribunal should have made assessment first on the basis of income of the deceased and then considered the prospective average income of the deceased. It is further alleged that the rate of interest of 9% as awarded by the Tribunal is not in accordance with the settled principles of and that interest @ 6% `should have been awarded. 4. Learned counsel for the respondents, on the other hand, vehemently supports the award passed by the Tribunal and submits that the Tribunal has on proper appreciation of the evidence on record arrived at a just conclusion and has awarded a proper amount to the dependants of deceased Bupinder Singh. 5. I have perused the evidence on record. I have also gone through the reasons recorded by the Tribunal. I find an amount of Rs. 9,00,000/- was just amount in the circumstances as such I reduce the amount from Rs. 9,80,180/- to Rs. 9,00,000/- (nine lakhs only). 5. I have perused the evidence on record. I have also gone through the reasons recorded by the Tribunal. I find an amount of Rs. 9,00,000/- was just amount in the circumstances as such I reduce the amount from Rs. 9,80,180/- to Rs. 9,00,000/- (nine lakhs only). So far as, rate of interest is concerned, the same is reduced from 9% per annum to 6% per annum from the date of filing the claim petition till the amount was deposited by the appellant with the Registry. Thereafter prevalent bank rate shall apply and the respondents shall be entitled to the interest actually accrued in the Bank, with no additional liability on the appellant. The said amount alongwith the interest be immediately disbursed to the respondents. The balance amount be returned to the appellant. 6. This modification in the amount and change in the rate of interest is acceptable to both the learned counsels. With the minor modifications this appeal is disposed of.