Tasnimtaj & Ors. Vs. Managing Director, KSRTC & Anr.
EmailAppeal: Civil Appeal No. 182 of 1998
( Arising out of SLP ( C ) No. 15340 of 1997 )
( Arising out of SLP ( C ) No. 15340 of 1997 )
Petitioner: Tasnimtaj & Ors.
Respondent: Managing Director, KSRTC & Anr.
Apeal: Civil Appeal No. 182 of 1998
( Arising out of SLP ( C ) No. 15340 of 1997 )
( Arising out of SLP ( C ) No. 15340 of 1997 )
Judges: S.B. MAJMUDAR & S.P. KURDUKAR, JJ.
Date of Judgment: Jan 16, 1998
Head Note:
MOTOR VEHICLES
Motor Vehicles Act, 1988
Interest – Grant of – Compensation enhanced by High Court, but interest reduced from 9% to 6% – Appeal before Supreme Court – Held that amount of Compensation be enhanced to Rs. 3 lakhs. Although High Court abruptly reduced the interest, pursuant to enhancement of compensation, interest at the rate of 6% awarded from date of application on entire amount of Rs. 3 lakhs . (Paras 3, 4)
Motor Vehicles Act, 1988
Interest – Grant of – Compensation enhanced by High Court, but interest reduced from 9% to 6% – Appeal before Supreme Court – Held that amount of Compensation be enhanced to Rs. 3 lakhs. Although High Court abruptly reduced the interest, pursuant to enhancement of compensation, interest at the rate of 6% awarded from date of application on entire amount of Rs. 3 lakhs . (Paras 3, 4)
JUDGEMENT:
O R D E R
1 . Leave granted . With the consent of learned counsel for the parties the appeal is heard finally and is being disposed of by this order .
2 . It is claimants’ appeal . Their breadwinner died in a motor accident in 1985 . He was aged 39 years and had bright prospects in life as he was working as a liaison officer and tour agent and used to accompany foreign tourists in Bangalore and roundabout places . He had a lucrative future career which was cut short by the accident . The claim for compensation was adjudicated by the Tribunal and an amount of Rs. 1,86,800 was granted by way of compensation . In appeal by the claimants the High Court enhanced the amount to Rs. 2,11,200 but reduced the interest from 9% on the awarded amount to 6% from the date of application . This is how the claimants are before us in this appeal .
3 . In our view, looking to the facts and circumstances of the case and the future prospects available to the deceased had he not died prematurely in the accident and the economic prospects which were available to him and his family and dependents had he not died, the award of compensation of Rs. 2,11,200 by the High Court deserves to be enhanced to a lump sum figure of Rs. 3 lakhs which will take care of proper multiplier and multiplicand, also the future economic prospects of the deceased had he survived .
4 . Learned counsel for the appellant is right when she contend-ed that there was no reason for the High Court to abruptly reduce the interest from 9% to 6% only because the High Court was en-hancing the compensation amount . However, in our view, once interest of 6% is granted on the awarded amount, for the enhanced amount of Rs. 88,800 pursuant to our order also there should be 6% interest from the date of the application till payment of additional amount of Rs. 88,800 by the respondents . The appeal is partly allowed to that extent with the net result that the ap-pellants will be entitled to claim total compensation of Rs. 3 lakhs in all with 6% interest from the date of the claim petition till payment . The award will stand modified accordingly . No costs .
5 . The respondent shall deposit in the Tribunal the amount of compensation or any balance thereof, if any amount is already deposited earlier, within three months from today . The appellant will be entitled to withdraw the same from the Tribunal on due identification . The directions of the Tribunal regarding the investment of the amounts in fixed deposit will now proportion-ately apply for the entire amount of Rs. 3 lakhs .
1 . Leave granted . With the consent of learned counsel for the parties the appeal is heard finally and is being disposed of by this order .
2 . It is claimants’ appeal . Their breadwinner died in a motor accident in 1985 . He was aged 39 years and had bright prospects in life as he was working as a liaison officer and tour agent and used to accompany foreign tourists in Bangalore and roundabout places . He had a lucrative future career which was cut short by the accident . The claim for compensation was adjudicated by the Tribunal and an amount of Rs. 1,86,800 was granted by way of compensation . In appeal by the claimants the High Court enhanced the amount to Rs. 2,11,200 but reduced the interest from 9% on the awarded amount to 6% from the date of application . This is how the claimants are before us in this appeal .
3 . In our view, looking to the facts and circumstances of the case and the future prospects available to the deceased had he not died prematurely in the accident and the economic prospects which were available to him and his family and dependents had he not died, the award of compensation of Rs. 2,11,200 by the High Court deserves to be enhanced to a lump sum figure of Rs. 3 lakhs which will take care of proper multiplier and multiplicand, also the future economic prospects of the deceased had he survived .
4 . Learned counsel for the appellant is right when she contend-ed that there was no reason for the High Court to abruptly reduce the interest from 9% to 6% only because the High Court was en-hancing the compensation amount . However, in our view, once interest of 6% is granted on the awarded amount, for the enhanced amount of Rs. 88,800 pursuant to our order also there should be 6% interest from the date of the application till payment of additional amount of Rs. 88,800 by the respondents . The appeal is partly allowed to that extent with the net result that the ap-pellants will be entitled to claim total compensation of Rs. 3 lakhs in all with 6% interest from the date of the claim petition till payment . The award will stand modified accordingly . No costs .
5 . The respondent shall deposit in the Tribunal the amount of compensation or any balance thereof, if any amount is already deposited earlier, within three months from today . The appellant will be entitled to withdraw the same from the Tribunal on due identification . The directions of the Tribunal regarding the investment of the amounts in fixed deposit will now proportion-ately apply for the entire amount of Rs. 3 lakhs .
