Full Judgment Text
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PETITIONER:
JAGBIR SINGH & ORS.
Vs.
RESPONDENT:
GENERAL MANAGER, PUNJAB ROADWAYS & ORS.
DATE OF JUDGMENT24/10/1986
BENCH:
KHALID, V. (J)
BENCH:
KHALID, V. (J)
PATHAK, R.S.
CITATION:
1987 AIR 70 1986 SCR (3)1095
1986 SCC (4) 431 JT 1986 699
1986 SCALE (2)681
CITATOR INFO :
F 1992 SC1261 (12)
ACT:
Motor Vehicles Act, 1939: ss. 110, 110A, 110B and
110CC-Motor accident claim-Quantum of compensation-
Determination by Tribunal-Validity of-Rate of interest-
Entitlement of the claimant.
HEADNOTE:
A State Roadways bus met with an accident resulting in
the death of three persons. On an application being filed on
behalf of one of the persons, the Motor Accident Claims
Tribunal awarded a compensation of Rs.93,600 to the widow
and the minor children of the deceased, with interest at 6
per cent per annum.
The claimants as well as the State appealed to the High
Court, which dismissed the claimants’ appeal, and partly
allowed the appeal by the State. While holding that the
accident was caused by the rash and negligent act of the
driver of the bus, the High Court reduced the compensation
to Rs.79,200 but confirmed the award of interest made by the
Tribunal.
In the special leave petition it was contended for the
petitioners-claimants that they were entitled to an even
greater amount of compensation on account of the different
sources of income arising to the deceased.
Disposing of the special leave pention, the Court,
^
HELD: The High Court erred in reducing the quantum of
compensation awarded by the Tribunal. There was sufficient
material on the record to justify the quantification
determined by the Tribunal and there was no reason why the
amount should have been reduced. The amount of compensation
assessed by the Tribunal should, therefore, be maintained.
[1097B-D]
The petitioners are entitled to interest at 12 per cent
per annum
1096
from the date of the application for compensation to the
date of payment. [1097]
Narchinva V Kamat & Anr. Etc. v. Alfredo Antonio Doe
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Martins & Ors., AIR 1985 SC 1281 and Smt. Chameli Wati &
Anr. v. Municipal Corporation of Delhi & Ors., AIR 1986 SC
1191, referred to.
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Special Leave Petition
(Civil) No. 2023 of 1983.
From the Judgment and Order dated 26.8.82 of the High
Court of Punjab & Haryana in L.P.A. No. 1172/82.
Hardev Singh and R.S. Sodhi for the Petitioners.
The Order of the Court was delivered by
PATHAK, J. This case has been pending in this Court for
some years. On November 21, 1983 we directed issue of notice
on the special leave petition. Almost three years later, on
August 11, 1986 when the case was taken up it was found that
the respondents had not entered appearance yet and
consequently notice was directed to issue afresh, indicating
this time that the case would be decided on the merits of
the controversy itself between the parties. On the latter
date when no one appeared for the respondents, the case was
adjourned for two weeks again to enable the respondents to
enter appearance. Thereafter on September 22, 1986 an order
was made for the last time directing issue of notice to the
respondents returnable on October 20, 1986 and intimating
that the special leave petition would definitely be taken up
on that date for final disposal on the merits of the case.
It was made clear that the case would not be adjourned on
any account. We find that the respondents continue to be
absent. No reason has been shown for their absence, and in
the circumstances we proceed to dispose of the case.
A bus belonging to the Punjab Roadways met with an
accident on February 13, 1971, which resulted in the death
of three persons. One of those persons was Balbir Singh. An
application was filed by the petitioners, who are the widow
and minor children of Balbir Singh, for compensation before
the Motor Accident Claims Tribunal. By an order dated
October 23, 1975 the Tribunal held the claimants entitled to
compensation in the sum of Rs.93,600 with interest at 6 per
cent per annum. Dissatisfied with the order, the claimants
as well as the State
1097
Government appealed to the High Court of Punjab and Haryana.
The High Court dismissed the appeal filed by the claimants
and partly allowed the appeal by the State. The High Court,
while holding that the accident was caused by the rash and
negligent act of the driver of the bus, reduced the
compensation to Rs.79,200 but confirmed the award of
interest made by the Tribunal.
After carefully considering the matter we think that
the High Court erred in reducing the quantum of compensation
awarded by the Tribunal. There was sufficient material, in
our opinion, to justify the quantification determined by the
Tribunal and we see no reason why the amount should have
been reduced. It was strenuously contended by learned
counsel for the petitioners that the petitioners are
entitled to an even greater amount of compensation, in view
of the different sources of income arising to the deceased
Balbir Singh. We think, however, that having regard to the
material on the record the amount of compensation assessed
by the Tribunal should be maintained. Accordingly we restore
the order of the Tribunal awarding compensation in the sum
of Rs.93,600.
In regard to the interest, however, we think the
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petitioners are entitled to a higher rate of interest than
that awarded by the Tribunal and confirmed by the High
Court. We find that in Narchinva V. Kamat and Anr. Etc. v.
Alfredo Antonio Doe Martins & Ors., A.I.R. 1985 SC 1281,
this Court awarded interest at 12 per cent from the date of
the accident up to the date of payment. Subsequently in Smt.
Chameli Wati & Anr. v. Delhi Municipal Corporation of Delhi
and Others, A.I.R. 1986 SC 1191, a larger Bench of this
Court awarded compensation at 12 per cent per annum from the
date of the application for compensation. We are of opinion
that the petitioners should be entitled to interest at 12
per cent per annum from the date of the application for
compensation to the date of payment. We order accordingly.
The special leave petition is disposed of in these
terms.
P.S.S.
1098