Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 184 of 1988 Appellant :- Smt.Kamla Devi and Others Respondent :- N.I.A.Co.Ltd.
Counsel for Appellant :- Subash Kumar,Madhav Jain Counsel for Respondent :- A.K. Shukla
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the parties and perused the record.
The appeal challenges the judgment and award dated 20.10.1987 passed by the Motor Accident Claim Tribunal/ IX Additional District Judge, Agra (herein after referred to as 'Tribunal') in MACP No. 137 of 1986 awarding a sum of Rs.46,000/- to the claimants.
The claimants have felt aggrieved with the meagre amount of compensation. While calculating, it is found that on the basis of multiplier method, a sum of Rs.1,28,000/- will have to be paid for loss of dependency and in view of the judgment of Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121 and the latest decision of in National Insurance Company Limited Vs. Pranay Sethi and Others, 2017 0 Supreme (SC) 1050, a amount of 40% will have to be added for future prosects and some amount under the head of non pecuniary head will have to be awarded therefore over and above the awarded amount, an amount of Rs.1,00,000/- would be just and proper compensation as it is an accident of the year 1986.
The learned counsel for the respondent has very rightly submitted that under the Motor Vehicles Act,1939 the liability of the Insurance Company was limited to Rs.1,50,000/- only.
The rate of interest would be 7.5% from the date of filing of claim petition till award and 4% thereafter as this is the matter of pre 1990 under the Act, 1939 and therefore this lessening of rate of interest is necessary.
The Insurance Company to recalculate the amount and deposit the same withing a period of 12 weeks from today.
In view of the above, the appeal is partly allowed. The judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent.
Order Date :- 22.2.2018 DKS