NEW INDIA INSURANCE CO LTD Vs. HAJRAT SINGH

JUDGEMENT

(1.) AGGRIEVED by an award passed by the Motor Accidents Claims Tribunal, Shivpuri in claim case No. 31 of 1993, granting compensation to the tune of Rs. 3,25,000/ - with interest at the rate of 12% per annum from the date of application i.e., 15.5.1993, the Insurer has preferred this appeal and the claimants, respondents No. 1 and

(2.) HAVE also preferred their cross -objections. 2. The facts in brief are that on 15.2.1993 at about 8.30 in the morning, one Ummed Singh was going towards Shivpuri on a bicycle with his companion Hameer Singh when a Metador bearing registration No. M.K.H. 6109 driven by respondent No. 3 and owned by respondent No. 4 collided with him causing several injuries to him as a result of which he died. The deceased, Ummed Singh was aged 22 years at the time of the incident and was unmarried. The claimants who were the parents of the deceased were aged 42 and 40 years, respectively, at the time of the incident. The vehicle was insured with the appellant.

(3.) THE Insurer has assailed the impugned Award on two counts; one that negligence was not proved and the second, that quantum of compensation awarded was on higher side as no deduction was made for the personal expenses of the deceased and as there was no evidence of any loss on the count of love and affection. According to him the rate of interest should have been 9% per annum only, considering the prevalent rates of interest. In their cross -objections, the claimants have on the other hand contended that the multiplier of 20 instead of 15 should have been applied, that the claim should not have been restricted to the amount mentioned in their application, that the counsel fee should have been allowed to the tune of Rs. 7,500/ - and that the interest also should have been awarded at the rate of 18% per annum which was the then prevalent rate.