PURABI SEN Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This is an appeal by the claimants against the judgment and award dated 27.8.2003 passed by learned Additional District Judge, Third Court, Alipore, South 24-Parganas, in Motor Accident Claim Case No. 37 of 2001.

(2.) The claim application has been filed under section 166 of Motor Vehicles Act, 1988. The Tribunal below awarded a sum ofRs. 9,27,092 (rupees nine lakh twenty-seven thousand ninety-two) as compensation. However, the Tribunal recorded that already a sum of Rs. 50,000 (rupees' fifty thousand) has been released in favour of the claimants under section 140 of the Motor Vehicles Act, 1988. Therefore, the Tribunal directed payment of Rs. 8,77,092 (rupees eight lakh seventy-seven thousand ninety-two) to the claimants. The insurance company was directed to pay the awarded compensation within three months from the date of the award. In default, it was directed that the awarded sum should carry interest at the rate of 7.5 per cent per annum from the date of passing the award till its realization.

(3.) Ms. Sucharita Pal, learned advocate appearing for the claimants-appellants, submits that the learned Judge in the Tribunal below applied a wrong multiplier. She submits that in this case, the multiplier of 14 should have been applied, but the learned Judge applied the multiplier of 13. She further submits that the claimants are entitled to interest on the awarded sum at least from the date of filing the claim petition.