KANTA VOHRA Vs. SURAT SINGH

JUDGEMENT

(1.) This appeal challenges an order dated 3.4.1989 passed in FAO No. 178/1979 by which an award passed on 13.4.1979 by Motor Accident Claims Tribunal was modified but the findings in regard to the income of the deceased and grant of interest@6per centper annum were not disturbed. C.M. 565/ 2001 was filed to consider additional evidence regarding income of deceased.

(2.) We have heard learned Counsel for the appellants. None has entered appearance on behalf of the respondents including respondent No. 3, United India Insurance Company Ltd.

(3.) Learned Counsel for the appellants has confined his submissions to two questions only. First is that the deceased Captain Satpal Vohra, at the time of his death, was drawing emoluments in the sum of Rs. 1,214.60 per month but the evidence on record established that his income would have increased substantially with the passage of time. However, neither the Motor Accident Claims Tribunal nor learned Single Judge took notice of the prospects of enhancement of his income and assessed the dependency of the appellants merely on the basis of his last pay at the time of his death. The second grievance made by learned Counsel for the appellants is that interest @ 6% per cent per annum from the date of the filing of the petition till realisation of the awarded amount as ordered was too low and such required upward revision. It is pointed out that now almost all the High Courts in the country are awarding interest @ 12 percent per annum and as such the appellants also are entitled to said rate of interest.