The claimants who have lost their breadwinner in a road accident involving a passenger bus and a lorry on 12.04.1991, have come forward with this appeal seeking enhancement of compensation.
2. The deceased was a Grade-I police constable, aged 40 years at the time of accident, and according to Ext.P3, salary certificate, he was earning Rs.1,407/- per month. The Tribunal has awarded a consolidated amount of Rs.1,50,000/- and directed the owner and insurance company of the lorry to pay the sum with interest at 12% per annum.
3. In arriving at the same, the Tribunal has reckoned the value of support that the deceased might have to provide to his family at Rs.1,000/- per month and applied 15 as multiplier and arrived at a total sum of Rs.1,80,000/-, from which Rs.40,000/- was discounted towards lump sum payment and arrived at the end value of dependency at Rs.1,40,000/-. On other non-pecuniary heads it granted Rs.10,000/- towards loss of consortium and awarded a total compensation of Rs.1,50,000/- with interest at 12% per annum from the date of claim petition.
4. I restore Rs.1,80,000/- towards loss of dependency that was originally fixed by the Tribunal, to which I add Rs.25,000/- towards loss of consortium for the first claimant (wife) and Rs.20,000/- each towards loss of love and affection for three children. Accordingly, the claim amount is enhanced from Rs.1,50,000/- to Rs.2,65,000/- and the same has been tabulated below : Heads Amount enhanced (Rs.) Loss of dependency 1,80,000.00 Loss of consortium 25,000.00 Loss of love and affection for three children @ Rs.20,000/- each 60,000.00 Total :
2,65,000.00
5. The learned counsel for the Insurance Company submitted that the Tribunal has awarded 12% interest for an accident that had happened in the year 1991 and the present rate of interest is only around 6%. Therefore, to grant an interest at flat rate that was prevailing at that time would be inequitable. I find some merit in the submissions. Accordingly, the appellants are entitled to interest only at 7.5% per annum.
6. In the result, this appeal is partially allowed. The first respondent /Insurance Company is directed to deposit the enhanced award amount, less if any already deposited, within four weeks from the date of receipt of a copy of this order, and on such deposit, the claimants are entitled to withdraw it forthwith. No costs.
06.01.2017 ds Index : Yes/No Internet:Yes/No To
1.The Motor Accidents Claims Tribunal II Additional District Court Salem.
2.The Section Officer, VR Section, High Court, Madras.
N.SESHASAYEE, J.
ds CMA.No.783 of 2003 06.01.2017 http://www.judis.nic.in