NAVRATAN DEVI Vs. RAGHUVEER SINGH

JUDGEMENT

(1.) THESE two appeals, one by claimants for enhancing of amount of compensation and another by non claimants for reducing the amount of compensation, have been filed against the judgment/award dated 28. 10. 1999 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur, in Motor Accident Claim Case No. 850/1998.

(2.) THE claimant Smt. Navratan Devi and Others filed an application under Section 140/166 of the Motor Vehicles Act, 1988 for compensation in respect of death of late Sh. Giriraj Prasad Ladiwal, who died in an accident, arising out of the motor vehicle, took place on 29. 07. 1998. A total sum of Rs. 31,85,000/- was claimed as compensation under varies heads in the claims application by the claimants.

(3.) MR. Lamba, Dy. G. A. submits that in the facts and circumstances of the case, the multiplier of 7 in place of 9 ought to have been applied by Tribunal. However, he has not referred any provision of law or citation of any judgment in support of his contention. His next contention is that award of interest on failure to make payment within 45 days, amounts to levy of penalty which is not provided under the provisions of Motor Vehicles Act, therefore, this condition is liable to be set aside. He also submits that even if interest has to be awarded the rate of interest should not be more than 9% as awarded by the Hon'ble Supreme Court in various cases.