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Judgment
Sanjeev Kumar, J
Condl(C) No.152/2008
This is an application filed by the applicant/appellant for condoning the delay in filing the appeal against the award of the Motor Accident Claims Tribunal, Jammu dated 29.09.2007.
As per the note of the Registry, the appeal is delayed by 320 days however, keeping in view the short grievance raised in the appeal, it would be appropriate, if delay in filing the appeal is codoned and the appeal itself is considered.
Ordered accordingly.
MA No.222/2008
This is an appeal by the injured- Mandev Choudhary filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 29.09.2007 passed by the Motor Accident Claims Tribunal, Jammu in file No.110/Claim, whereby and where-under the appellant has been held entitled to a sum of Rs.2,67,359/- as compensation along with interest except on future loss of income @ 7% per annum from the date of filing of claim petition till final payment is made. The award was directed to be satisfied by respondent No.1, insurer.
The short grievance raised by the appellant against the award of the Tribunal is that the Tribunal has committed an error by not awarding interest on the future loss of income.
Learned counsel appearing for respondent No.1-insurer supporting the award of the Tribunal submits that the compensation awarded by the Tribunal is just and fair, as such, does not call for any interference by this Court. He further submits that the Tribunal has rightly not awarded interest on the future loss of income, as the same is not permissible in law.
Having heard learned counsel for respondent No.1 and perused the record, I am of the considered view that this appeal deserves acceptance.
Admittedly, the appellant suffered grievous injuries in an accident caused due to the rash and negligent driving of offending vehicle i.e. Maruti Car bearing Regd. No.JK02P-6625 by its driver-respondent No.3, as a result whereof, the appellant has been rendered permanently disabled to the extent of 20%.
The Tribunal after appreciating the oral as well as documentary evidence on record, besides awarding Rs.17,359/- and Rs.50,000/- on account of medical expenditure and loss of amenities of life has awarded Rs.2,00,000/- on account of loss of future income. However, the Tribunal awarded interest @ 7% per annum on the amount of compensation excluding future loss of income.
It is not in dispute that the appellant has been rendered permanently disabled due to the injuries sustained in the accident, which has been assessed at 20%. In my considered view, the interest can be awarded on the whole comepnsation even though part of the compensation would comprise of future loss of income. This is so because, the multiplier method takes care of this aspect also. Hon'ble the Supreme Court is also awarding interest on the total amount of compensation awarded even in injury cases (see Kajal v. Jagdish Chand and others civil appeal No.735 of 2020 decided on 05.02.2020).
For the foregoing reason, this appeal is allowed. The award of the Tribunal is modified to the extent that the compensation awarded by the Tribunal shall carry interest @ 7% on the whole amount from the date of filing of the claim petition till its realization except for the period w.e.f. 18.12.2012 to 19.06.2015 i.e. from the date of dismissal of appeal till filing of application seeking restoration of the appeal along with condonation of delay.