UDARIYA ALIAS NAHALU Vs. SHUB WAREHOUSING COMPANY

JUDGEMENT

(1.) THE first point which has been urged by Shri Rajpal before this Court is that the compensation of Rs. 40,000/- awarded to the appellant is less than the minimum amount which is being considered to be awardable in view of the present amendment in the Motor Vehicles Act (hereinafter referred to as Act, for convenience ). The accident in question pertains to 25-3-1987. The age of the deceased namely Mangilal was 5 years at that time. The minimum amount awardable as compensation which is Rs. 50,000/-, as submitted by Shri Rajpal, is the out-come of the new amendment. That cannot be applied to the accidents which are prior to the amendment. In addition to that the age of the deceased has to be considered. As he happened to be a lad living in village, he would have been exposed to various hazards of the life which are commonly acquainted with the village dwellers. This fact cannot be also ignored. Therefore, the issue for enhancement of the compensation amount of the appellant stands dismissed.

(2.) SHRI Rajpal further submitted that the interest has been awarded from 6-12-1993 which is not consistent with the date of claim petition i. e. 21-4-1987. Therefore, the appellants are entitled to get interest at the rate of 12% per annum over the amount of compensation of Rs. 40,000/- awarded by the tribunal, from 21-4-1987.

(3.) THUS, the appeal is partly allowed. The award which is subject to the challenge in this appeal thus stands modified on the point of interest only and that too from the date i. e. 21-4-1987. This amount be deposited by the insurance Company respondent No. 3 within 2 months. The amount which has been earlier deposited be adjusted towards the principal amount of the compensation, keeping in view the interest of Insurance Co. which has to deal with the public funds. If the amount is not deposited within 2 months, the appellants would be entitied to get interest at the rate of 18% p. a. on that amount. Record be despatched to the tribunal as early as possible. Order accordingly.