Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 791 of 1995 Appellant :- Asha Ram & Others Respondent :- Om Prakash & Others Counsel for Appellant :- B.K.Solanki Counsel for Respondent :- Kuldip Shanker Amist
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri B.K. Solanki, learned counsel for appellant and Sri Kuldip Shanker Amist, learned counsel for respondents- Insurnace Company. Though served, none appears for the owner.
2. This First Appeal From Order has been filed under Section 173 of Motor Vehicle Act, 1988 ( hereinafter referred to as 'Act, 1988') by appellant being aggrieved by judgment and award dated 20.4.1995 passed by Motor Accident Claims Tribunal/ Ist Additional District and Sessions Judge, Shahjahanpur ( hereinafter referred to as 'Tribunal') in M.A.C.P. No.20 of 1989.
3. Appeal is required to be allowed on two grounds. I am not delving into the facts Insurance Company has not come in appeal. Claimant has felt aggrieved. The deceased was 45 years of age but was self employed person without any fixed income hence monthly income calculated by Tribunal cannot be found fault with.
4. The Tribunal while considering the quantum has considered the income to be Rs.750/- per month and has awarded Rs.48,000/- with 9% interest. The amount of Rs.750/- income and deduction of 1/3rd and multiplier of 8 was given which according to the counsel for the appellant is bad. The family would be entitled to 500x 12 x 14 = Rs.84,000/- would be the income admissible to the family to which Rs. 250 x 12 x 14= Rs.42,000/- would be for the future prospective income and Rs.70,000/- under the general non pecuniary heads.
5. The rate of interest would not be more than 9% on enhanced amount from filing of claim petition till disposal of claim petition. Thereafter on the enhanced amount, the amount would carry 6% rate of interest as there was no fault on the part of Insurance Company the matter is pending since 1995 before this Court.
6. The submission of Sri Kuldip Shanker Amist-Advocate is that the policy is under the old Act and the liability was Rs.1,50,000/- only. It is clarified that if the amount exceeds Rs.1,50,000/-. The rest of the amount be paid by the owner. The difference amount calculated be deposited within eight weeks from today.
7. Appeal is partly allowed.The judgment and decree shall stands modified to the aforesaid extent.
Order Date :- 1.12.2017 Mukesh