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Judgment
Having heard the rival contentions submitted by the appellants/claimants and the insurance company, it transpires that the accident occurred on 19.1.2007 when Krishna Lal, aged about 34 years, going on his motorcycle, was dashed by the truck no. HR37-B-6177. As a consequence, he passed away. His wife and two children presented the claim petition seeking compensation of Rs. 17,11,000/-, whereagainst the learned Tribunal has awarded Rs. 3,91,000/- along with 9 per cent annual interest if such award is not satisfied by the insurance company within a month.
Feeling aggrieved with the quantum, the claimants have preferred this appeal, which is pending since the year 2008.
Learned Counsel on behalf of the appellants has argued that the deceased was working as a Munim in some nearby brick kiln. His income was rupees six thousand per month, which has been proved by PW2 Balbir Singh, who is the Manager of the employer.
I have perused the impugned judgment dated 6.6.2008. On perusal of such judgment, it is evident that the learned Tribunal opined that the job of the deceased was absolutely provisional and his salary was like a daily wager. So, on this score, I do not find any infirmity in evaluating the compensation on the notional income.
It has further been argued that under Section 171, the interest should have been awarded with effect from the date of presentation of the claim petition. Reading of such provision of the M.V. Act makes it abundantly clear that granting of interest is always the discretion of the Tribunal after taking into account all the facts and circumstances of the case. It is nowhere mandatory even.
It is hereby made clear again that calculation of the whole compensation is guided by the principles of just and fair compensation. It is not calculated on every miniscule detail.
In view of what have been set forth above, I do not find any merit in this appeal. It is hereby dismissed.
Let the LCR be sent back.