JUDGMENT Mr. K. Kannan, J.(Oral).- The appeal is by the insurance company seeking for restriction of liability on the ground that the policy of terms provided for liability only upto Rs.50,000/- and it was a further contention in appeal that the driver did not have a valid driving licence. It is also the contention that the Tribunal had awarded interest from the date of the accident and if at all, it should have been only from the date of the petition. 2. In my view, all the three contentions cannot stand. As regards the restriction of liability to Rs.50,000/-, the restriction of liability as pleaded itself was only Rs.1,50,000/- and not Rs.50,000/-. By the amending Act of 47 of 1982 effective from 1.10.1982, was, Rs.1,50,000/- and the accident had taken place on 9.1.1986. At the time of the accident, the statutory cap of liability was Rs.1,50,000/- and not merely Rs.50,000/-. 3. As regards the claim relating to violation of terms of policy regarding the driving licence of the driver, such plea was not taken or an issue struck at the trial. It is urged for the first time in the appeal and, therefore, I will not allow for the same. 4. The date of accident was 9.1.1986 and the petition had been filed four months later on 6.5.1986. The provision for interest from the date of accident in This case would mean a very small difference and therefore, I will not take this to be an issue for consideration in appeal. 5. The award is confirmed and the appeal is dismissed. X-Objections No.43-CII of 1989 6. There are x-objections for enhancement of the claim for death of the mother of the claimants who were three children. The father had already expired. She was a Government School Teacher drawing a salary of Rs.1464/-. The Tribunal took the contribution to the family at Rs.1000/- and took a multiplier of 12½ and determined the compensation of Rs.1,50,000/-. I will reassess the compensation, provide for an increase in prospect of salary by 30% and take a higher multiplier of 14. The conventional heads of claim which have not been awarded by the Tribunal are also assessed in the tabulation below:- ----------------------------------------------------------------------------------------------------------------------------------- Fatal Accidents Age: Occupation School Teacher 1460 Claimants 3 minor children ----------------------------------------------------------------------------------------------------------------------------------- Sr. No. Heads of Claim Tribunal High Court Amount Rs. Amount Rs. Fatal Accidents ----------------------------------------------------------------------------------------------------------------------------------- 1. Annual Income 1464 2. The conventional heads of claim which have not been awarded by the Tribunal are also assessed in the tabulation below:- ----------------------------------------------------------------------------------------------------------------------------------- Fatal Accidents Age: Occupation School Teacher 1460 Claimants 3 minor children ----------------------------------------------------------------------------------------------------------------------------------- Sr. No. Heads of Claim Tribunal High Court Amount Rs. Amount Rs. Fatal Accidents ----------------------------------------------------------------------------------------------------------------------------------- 1. Annual Income 1464 2. Add % of increase 30%/50% 30% 3 . Deduction (1/2,1/3, 1/4, 1/5) 1/3 4. Multiplicand - Tax 12000 15,226 5. Multiplier 12.5 14 6. Loss of Dependence 2,13,158.4 7. Medical Expenses 8. Loss of Consortium + loss of love 7500 and affection 9. Loss to Estate 5000 10. Funeral Expenses 2000 Total 1,50,000/- 2,27,658/- ----------------------------------------------------------------------------------------------------------------------------------- 7. The amount in excess over what has already been awarded by the Tribunal shall attract interest @ 6% from the date of petition till the date of payment. The amount in excess over Rs.1,50,000/- will be borne by the driver and owner of the vehicle, since the liability of the insurance company stand stand restricted to Rs.1,50,000/- with interest as awarded by the Tribunal. 8. The x-objections are allowed to the above extent. ---------0.B.S.0------------