MANJIT KAUR Vs. AVTAR SINGH

JUDGEMENT

(1.) THIS judgment will dispose of two appeals i.e. FAO No. 658 of 1987 and FAO No. 960 of 1987 and Cross Objections No. 23-CII of 1988, arising out of the same award of the Motor Accident Claims Tribunal, Karnal dated 17.4.1987. FAO 960 of 1987 and Cross Objections No. 23-CII of 1988.

(2.) THE claimants in this appeal pray that the compensation of Rs. 1,53,600/- awarded by the Tribunal on account of death of Manjit Singh in a road accident on 28.10.1985, be enhanced. The Tribunal, while determining the compensation, noticed that the deceased was 30 years of age at the time of death and was a mechanic. It further observed that the income of the deceased at the relevant time, who was a mechanic, could not be less than Rs. 40/- per day. On that basis, the Tribunal determined the income at Rs. 1,200/- per month, i.e. Rs. 14,000/- per annum. Taking the dependency at 2/3rd i.e. Rs. 9,600/- the compensation was determined by applying the multiplier of 16.

(3.) THUS , the claimants are held to be entitled to compensation of Rs. 2,30,400/- against Rs. 1,53,600/- determined by the Tribunal. The Tribunal had awarded interest at the rate of 12% on the compensation of Rs. 1,53,600/-. On the additional compensation, the claimants shall be entitled to interest at the rate of 9% from the date of filing the claim petition till the date of payment. The award of the Tribunal is modified to that extent. The Insurance Company shall deposit the entire amount within six weeks from today for onward disbursement to the claimants.