PURNIMA SAHA Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) The appellants/claimants in the present action are the parents of a victim of a motor accident, who succumbed to injuries suffered from that accident on 23rd June, 2000. The, victim was the "khalasi", which broadly means helper in the common parlance of the transport trade. The death was caused on account of a collision between the bus, of which he was the khalasi, and a lorry.

(2.) The appellants made a claim before the Motor Accident Claim Tribunal, 4th Court, Burdwan under section 163A of the Motor Vehicles Act, 1988 (the "Act" in short) for an award of Rs. 3,00,000/- (rupees three lacs) as compensation, impleading the owners and the insurance companies of both the vehicles as opposite parties. Before the Tribunal, the death of the victim on account of accident between the two vehicles was proved, as also the insurance coverage of the vehicles. A sum of Rs. 3,00,000/- (rupees three lacs) was awarded as compensation upon considering the age of the victim, the applicable multiplier as contained in the second schedule to the Act, and the claim statement. The award also contained provision for interest, penal in nature, to be paid at the rate of 15% per annum, in the event of failure to pay the sum awarded within the stipulated time, being sixty days. The two insurance companies were directed to pay the awarded amount jointly, in equal shares.

(3.) The present appeal has been preferred against the said award by the claimants on several grounds, but argument was advanced on behalf of the appellants on the limited ground of non-payment of interest and non- pecuniary damages.