- (1.) Leave granted.
(2.) Two persons namely, Hussain Ali and Khagon Chandra Kalita died in a motor accident on 10/12/1986 when the bus in which they were travelling met with an accident. Their widows, Nizita Bibi and Renu Bala Kalita, respectively, filed separate claims for award of compensation before the motor Accidents Claims tribunal. The tribunal determined the amount of rs 51,000. 00 as compensation payable to the widow of Hussain Ali and rs 1,05,000. 00 as compensation payable to the widow of Khagon Chandra kalita. However, the tribunal deducted l/3rd of the amount of compensation determined in each case on account of lump sum payment. The claimants preferred appeals to the Guwahati High court which has affirmed the tribunal's award. Hence, these further appeals by special leave.
(3.) In our opinion, in the facts and circumstances of the case, the amount of compensation determined in each case was at the figure which did not call for any further deduction thereon for any reason. The deduction of l/3rd of the amount in each case is not, therefore, justified. The High court did not correct that error. Accordingly, we correct that error and in addition, we award interest @ 12% p. a. on the amount of compensation from the date of the claim. This modification in the tribunal's award has to be made in these appeals.;