ASHOKA MITRA Vs. NANKU GUPTA

JUDGEMENT

(1.) THE claimants in MJC No.45 of 1995 are the appellants in this appeal. They are aggrieved by an award of the Motor Accidents Claims Tribunal, Kolkata (the 3rd Bench, City Civil Court, Calcutta) dated August 9,2005.

(2.) MR . Guha Roy appearing for the claimants has submitted that only three issues are involved in the appeal: - (i)the claims tribunal applying the multiplier 6, ought to have applied the multiplier 9; (ii)the claims tribunal ought to have granted Rs.9,500 general damages; and (iii)the claims tribunal ordering the insurance company to pay 8% p.a. interest only if it failed to pay the amount of compensation within the time mentioned in the award, ought to have granted interest from February 17,1995 when the application was filed till the date of payment. Mr. Pahari appearing for the insurance company has found little to say in justification of the choice of multiplier 6 and non -grant of general damages and interest by the claims tribunal. His only submission is that for the reasons stated in the award the claims tribunal chose the multiplier 6.

(3.) WE , therefore, hold that the claimants are entitled to the following compensation: - Rs. 10,446 ( the victim's monthly income) x 12 ( months) x 9(multiplier) = Rs.11,28,168 ­ Rs.3,76,056 ( one third of the income towards the victim's personal and living expenses ) = Rs.7,52,112 + Rs.9,500 ( general damages)= Rs.7,61,612 + 7.5 % p.a. interest.