NEW INDIA ASSURANCE COMPANY LIMITED Vs. MEDLINE KUJUR

JUDGEMENT

(1.) HEARD the parties. Paul Kujur, husband of respondent no. 1 and father of respondents 2 to 4 was in government service, employed as Supply Inspector. He was 45 years old, when on 6.10.1993, while going on Suzuki Motorcycle was dashed by a bus (BR -14P -5763) and died. He was getting a sum of Rs. 8,298/ - as monthly salary. After deducting 1/3rd amount of his salary towards his personal expenses, annual dependency was calculated at Rs. 66,344/ - and considering his age 15 multiplier was applied and thereby a sum of Rs. 9,95,160/ - was calculated as total amount of compensation payable to the respondents 1 to 4 in their claim case filed under Section 166 of the Motor Vehicles Act, 1988. The deceased was in permanent government service and had still 13 years period of service left and there was little chance of promotion and increase in salary including dearness allowance in future. In the aforesaid circumstance, we are not inclined to interfere in the impugned judgment and award in the present appeal filed by the Insurance Company.

(2.) IT appears that on the aforesaid amount of compensation the claimants were also held entitled to 6% interest per annum from the date of filing of claim application till disposal of claim case and further future interest @ 16% per annum from the date of award till realisation The said part is modified to the extent that the claimants shall get 6% interest per annum from the date of filing of claim application till payment. The Insurance Company is directed to pay the entire amount of compensation along with interest within six weeks. A sum of Rs. 25,000/ - deposited by appellant for the purpose of this appeal by Challan No. J -31 dated 4.7.2001 is permitted to be withdrawn by claimants -respondents 1 to 4 on proper verification and in accordance with law.