Yatindra Singh and Vijay Kumar Verma, JJ. - (1.) -The appellant Nos. 1 and 2 are the owner of Bus No. U.H.N.-1812 (the Bus), appellant No. 3 was driver of the bus at the time of accident. Jagdish Singh (the deceased) met with an accident with this bus at about 7.30 p.m. on 20.9.1990. His heirs (including widow and children) filed a Claim Petition No. 65 of 1991, which was allowed on 6.8.1993 by M.A.C.T./ A.D.J., Court No. 1, Kanpur Dehat. However, the insurance company was exempted from making payment on the ground that the bus was not insured. Hence, the present appeal.
(2.) WE have heard counsel for the appellant and Sri A. K. Shukla, counsel for the insurance company. The claimants had produced one Chhotelal (P.W. 2) and Sonal Lal (P.W. 3), who were eye-witnesses of the accident. They have narrated that the bus was being driven negligently by its driver. The Tribunal below had occasion to see the demeanour of the witnesses and after considering the oral evidence has held that the bus was being driven negligently. Nothing has been brought to our knowledge to doubt the credibility of their oral evidence. In view of the same, the finding of the Tribunal below that the bus was being driven negligently is upheld. The Tribunal below has awarded a sum of Rs. 1,40,000 as compensation. This has been calculated on the premise that the deceased was earning Rs. 750 per month out of which he was contributing Rs. 500 towards the family. The deceased was aged about 35 years. His remaining age was taken to be 30 years. Total money likely to be earned by him was calculated at 500 x 12 x 30 = 1,80,000. As the money was being given at a time, 25% deduction was made. Thus, the amount of dependency comes out to Rs. 1,35,000. A sum for Rs. 5,000 were led for funeral expenses, making total Rs. 1,40,000. There is no illegality in calculating the amount of compensation.
(3.) THE Tribunal below has granted interest at the rate of 12% per annum from the date of award. This rate of interest is excessive. THE present rate of fixed deposit in the Banks is 7.5%, which ought to have been awarded. However, interest ought to have been granted from the date of accident rather from the date of the award. In view of the same, the claimants will be entitled to claim interest on the award at the rate of 7.5% per annum from the date of filing of application. The next question is whether the offending bus was insured or not. The owners of the bus had filed cover note before the Tribunal below but had not filed the policy of the insurance of the bus. It is in view of this that the Tribunal below has held that the bus was not insured. The appellants have filed an application under Order XLI, Rule 27, C.P.C. before this Court annexing the original copy of the policy issued by the insurance company. This application has been allowed. This policy shows that the bus was insured with Oriental Insurance Company Ltd. (respondent No. 2 herein). As such the insurance company is liable to pay the amount of award and indemnify the owners.;