JAYANTA KUMAR BISWAS,J. - (1.) THE claimants in MJC No.45 of 1995 are the appellants in this appeal. They are aggrieved by an award of the Motor Accidents Claims Tribunal, Kolkata (the 3rd Bench, City Civil Court, Calcutta) dated August 9,2005.
(2.) MR . Guha Roy appearing for the claimants has submitted that only three issues are involved in the appeal: - (i)the claims tribunal applying the multiplier 6, ought to have applied the multiplier 9; (ii)the claims tribunal ought to have granted Rs.9,500 general damages; and (iii)the claims tribunal ordering the insurance company to pay 8% p.a. interest only if it failed to pay the amount of compensation within the time mentioned in the award, ought to have granted interest from February 17,1995 when the application was filed till the date of payment. Mr. Pahari appearing for the insurance company has found little to say in justification of the choice of multiplier 6 and non -grant of general damages and interest by the claims tribunal. His only submission is that for the reasons stated in the award the claims tribunal chose the multiplier 6. The claims tribunal choosing the multiplier 6, in fact, did not give any reason why it chose it. It said, "Upon due consideration to the facts and circumstances of the case as depicted above I am of the view that total income of the victim Dr. Sunil Mitra may be assessed and calculated by adopting 6 multiplier." As to age, the claims tribunal said, "his date of birth as recorded in the Service Book as 8.1.1935 i.e. to say at the time of accident the victim was 59 years, 8 months and a few days old." There can be no doubt that the claims tribunal ought to have chosen the multiplier 9 specified in column four of Sarla Verma table. This is the position of law stated by the Supreme Court in Sarla Verma and lastly in Reshma Kumari. The claimants are justified in making a grievance as to general damages and interest. In view of decision of this court dated January 29,2014 in FMA No.1346 of 2013 (Niva Devi v. New India Assurance Co. Ltd) the claimants are entitled to 7.5% p.a. interest from February 17, 1995 till the date of payment.
(3.) WE , therefore, hold that the claimants are entitled to the following compensation: - Rs. 10,446 ( the victim's monthly income) x 12 ( months) x 9(multiplier) = Rs.11,28,168 ­ Rs.3,76,056 ( one third of the income towards the victim's personal and living expenses ) = Rs.7,52,112 + Rs.9,500 ( general damages)= Rs.7,61,612 + 7.5 % p.a. interest.;