SHASHI BALA Vs. SURENDRA KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred on behalf of dependents of deceased Prem Prakash for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, dausa vide judgment dated 18. 4. 1998 whereby a total sum of Rs. 2,31,000/- was awarded by way of compensation on account of death of deceased Prem Prakash caused in the accident. Cross Objection No. 36/2003 has also been filed in the matter on behalf of national Insurance Company-respondent no. 3 which is also being decided along with this appeal.

(2.) LEARNED counsel for the dependents of deceased-appellants submits that the learned tribunal has has failed to award adequate compensation as the Tribunal has deducted 2/3rd of the earning for the expenses of the deceased himself. The deceased was 20 years old and he was survived by his father and mother and as such the Tribunal should have deducted only 1/3rd for the expenses of deceased himself. He has placed reliance on the judgment of Hon'ble Apex Court dated 23. 7. 09 in SLP (C) No. 15167/2008-National ins. Co. Vs. Gurumallamma and anr. It is further submitted that interest on additional enhanced amount should be awarded @12% per annum from the date of claim petition.

(3.) PER contra, learned counsel for the respondent no. 3-Ins. Company has submitted that interest @6% per annum from the date of appeal should be awarded in view of the prevalent rate of interest in present state of economy. It is further submitted that deduction of 2/3rd amount as against the expenses of deceased is justified and same calls for no interference. He has relied upon the judgment of Hon'ble Apex Court reported in II (2000) ACC 602 (SC)- Nonat louis Machado and ors. Vs. L. Ravindra and ors. wherein Hon'ble Apex court has taken a view that in case the unmarried son/person would have survived, he would have spent 2/3rd for his family and 1/3rd can be spent on himself and, as such, Hon'ble Supreme Court had taken the view in deducting 2/3rd amount of his earnings and has found 1/3rd amount by way of dependency of surviving persons including parents and unmarried dependents. As regards the multiplier, it has been submitted that instead of adopting multiplier of 18 by the Tribunal, multiplier of 15 deserves to be awarded in view of judgment of Hon'ble Apex Court in Sarla verma (Smt.) and ors. Vs. Delhi Transport corporation and anr.- (2009)6 SCC 121 whereby the Hon'ble Apex Court provided that multiplier envisaged in the said judgment is to be followed in all the Tribunals/courts so as to award just compensation as well as in the interest of uniformity, consistency and equality of treatment in judgment making process. He has further submitted that order of increasing the interest in case of nonpayment of the award amount within 3 months from 12% to 18% per annum is penal and that deserves to be quashed and amount already paid should be adjusted against the rest of the claim amount.