JUDGMENT
J.P. Singh, J.
1. Harbans Singh, a Carpenter employed in Military Engineering Services (MES), while going to his village on his Scooter, was hit by a Bajaj Pick Up Auto Load Carrier which was being driven rashly and negligently by its driver, near Badyal Qazian Tehsil Rule Section Pura due to which he sustained grievous injuries, on 11.3.2005. He was hospitalized, where he succumbed to the injuries on 21.3.2005. His Widow, daughter and two sons, who were dependents on his earnings, filed a claim petition before Motor Accidents Claims Tribunal, Jammu. This claim petition was registered as file No. 50/Claim. While allowing the claim, Motor Accidents Claims Tribunal, Jammu, awarded an amount of Rs. 11,38,600/- as compensation vide its award dated 24th of March 2006.
2. Aggrieved by the award of the Tribunal, United India Insurance Company Limited has filed this appeal questioning the quantum of compensation awarded by the Tribunal in favour of the claimants.
3. With the consent of learned Counsel for the parties, this appeal was taken up for final hearing. Mr. R.P. Jamwal, learned Counsel appearing for the Appellant-Company submitted that the Tribunal had erred in selecting the multiplier and awarding interest @ 7.5% per annum on the awarded amount.
4. During the course of consideration of this appeal, a consensus emerged between learned Counsel for the parties, who submitted that keeping in view the facts and circumstances of the case, the multiplier should have been 10 as against 11, which had been selected by the Tribunal, and the interest should be 6% per annum as against 7.5% per annum, as awarded by the Tribunal.
5. I have gone through the findings recorded by the Tribunal and am of the view that the compensation determined, on the loss of annual dependency of the claimants, as determined by the Tribunal, by selecting 10 as the multiplier and awarding interest @ 6% per annum would be just compensation for the death of Harbans Singh to the claimants in terms of Section 168 of the Motor Vehicles Act, 1988.
6. Accepting the settlement arrived at by learned Counsel for the parties and adopting 10 as the multiplier, the amount to which the claimants would be entitled by way of compensation shall be as follows:
Loss of dependency Rs. 99,600 x 10 = Rs. 9,96,000.00 Medical expenses Rs. 10,000.00 Loss of Consortium Rs. 15,000.00 Loss of Estate Rs. 15,000.00 Funeral expenses Rs. 3,000.00 Total Rs. 10,39,000.00
7. The claimants will be entitled to interest @ 6% per annum from the date of filling of the claim petition. Rest of the terms of the award of the Tribunal shall remain unaffected. Allowing this appeal, the award of the Tribunal is, accordingly, modified on the above terms.
8. Registrar Judicial to release the amount in favour of the claimants in terms of the award out of the amount deposited by the appellant in this Court along with interest accrued thereon. Excess amount, deposited by the appellant-company shall be released in its favour along with interest accrued thereon, by an Accounts payee Cheque. CMP No. 244/2007 shall also stand disposed of.
