SWARAN KANTA Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The present appeal arises out of the award dated 7/4/1995 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 1,59,000/- along with interest @ 12% per annum to the claimants.

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

(3.) Sh. Ashok Popli, counsel for the appellants has 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 even after considering future prospects at Rs. 3,000/- per month whereas after looking at the facts and circumstances of the case the tribunal should have assessed the income of the deceased at Rs. 4,500/- per month. The counsel submitted that the tribunal has erroneously applied the multiplier of 10 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 @ 18% per annum in place of only 12% per annum. The counsel contended that the tribunal has erred in not awarding adequate compensation towards non-pecuniary damages. The counsel also urged that the tribunal erred in holding the deceased 40% liable for the aforesaid accident.