AI Structured Summary
Not yet generated for this judgment
Judgment
P.K. Deb, J.—Heard learned Counsel for both the parties.
In this appeal filed u/s 173 of the Motor Vehicles Act the quantum of compensation as has been fixed by the learned Tribunal has been challenged.
It appears that the quantum of compensation has been fixed on the basis of the theory of multiplication and multiplier of 17 the highest one as per formula has been used by the learned Tribunal. There was some confusion regarding the age of the deceased, As per post-mortem report the age of the deceased was 35 years. But recording to the evidence, the age of the deceased was 30 years. The Court found his age between 30 to 35 years and on considering the chart of multiplier 17 was used by the learned Tribunal. I do not find that such multiplier used by the learned Tribunal is on the higher side but definitely interest @ 15%, as has been fixed by the learned Tribunal, is on the higher side. It should not be more than 9%.
In that way, the quantum of compensation, as has been determined by the learned Tribunal, is hereby upheld with the modification in the interest to the extent of 9% in place of 12%. Thus, the appeal is dismissed with modification, as mentioned above, only in the interest portion.
From the quantum of compensation the amount of interim compensation must be deducted and the amount which has already been deposited u/s 173 of the Motor Vehicle Act before this Court may be disbursed in favour of respondent-claimants towards the part payment of the compensation amount and the rest of the amount shall be paid by the Insurance Company forthwith. In default the interest will go up, day by day.