MISRO DEVI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The present appeal arises out of the award dated 22/9/2001 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 1,90,000/- along with interest @ 9% per annum to the claimants.

(2.) The brief conspectus of the facts is as follows:

(3.) Sh. V.P. Chaudhry, Senior Advocate with Sh. Nitinjya Chaudhry, counsel for the appellants assailed the said award on quantum of compensation. Counsel for the appellants contended that the tribunal has erred in assessing the income of the deceased at Rs. 2,500/- per month whereas after looking to the facts and circumstances of the case and after considering future prospects, the tribunal should have assessed the income of the deceased at a higher sum. The counsel submitted that the tribunal has erroneously applied the multiplier of 12 while computing compensation when according to the facts and circumstances of the case multiplier of 15 should have been applied. The counsel also raised the contention that the rate of interest allowed by the tribunal is on the lower side and the tribunal should have allowed simple interest @ 15% per annum in place of only 9% per annum. The counsel contended that the tribunal has erred in not awarding compensation towards loss of love and affection, funeral expenses, loss of estate, mental pain and sufferings and the loss of services, which were being rendered by the deceased to the appellants. Counsel has relied on following judgments:-