- (1.) Leave granted.
(2.) The present appeal revolves around a very short issue, namely, the quantum of interest to be awarded on the compensation awarded to the legal representatives of the deceased who died in an accident. Before we deal with the issue that arises for our consideration, we will deal with the factual matrix out of which the aforesaid issue arises.
(3.) Deceased, Pradeep Kumar was driving a motorcycle along with his wife, two minor daughters and a minor son. When they reached village Dadiaki on the Muzaffarnagar - Roorkee Road, Bus No. UP15L 7640, allegedly driving at a very high speed, rashly and negligently, hit the motorcycle. All the five persons traveling on the motorcycle died on the spot due to the aforesaid accident. The driver of the bus fled away from the place of occurrence immediately after the accident, leaving behind the bus. The age of the deceased Pradeep Kumar was 28 years and as per appellants he was earning an amount of Rs.4,200/- per month. The appellants filed a petition No.202 of 2004 before the Motor Accident Claim Tribunal, Udham Singh Nagar, Rudrapur. Several witnesses were examined. On perusal of the evidence on record the Tribunal passed a judgment and awarded Rs.3,50,100/- as compensation to the appellants along with interest @ 6% per annum from the date of application till the date of payment. The Tribunal upon consideration of the evidence held that the deceased was earning Rs.2,400/- per month and not Rs.4,200/- as claimed. Being aggrieved by the aforesaid award of the Motor Accident Claim Tribunal the appellants preferred an appeal being Appeal No.102 of 2007 in the High Court of Uttrakhand at Nainital contending inter alia that it was clearly proved that the deceased was doing a work of mason and was earning Rs.4,200/- and the Tribunal erred in determining the income of the deceased on the presumption that the job of the mason is not available everyday. Challenge was made in the said appeal also in respect of the interest awarded contending inter alia that the rate of interest was on the lower side and the Tribunal should have awarded higher rate of interest.;