MISRA, J. - (1.) THIS appeal has been preferred by the claimants-appellants, who are the dependents of the deceased-Shri Narain, who died as a result of the accident caused by a Truck bearing No. DIG-577 which admittedly was insured with the respondent No. 3-The Oriental Insurance Co. Ltd. A claim petition had, therefore, been filed before the Motor Accident Claims Tribunal, Ajmer where the claimant-appellant No. 1- Smt. Pushi, wife of the deceased, specifically stated that her deceased- husband-Shri Narain was earning Rs. 1,000/- per month by selling curd. The age of the deceased, as per the post-mortem report at the time of his death, was 45 years and he had died leaving behind his wife-Smt. Pushi and his two minor sons Nand Ram and Bharat and his mother-Smt. Achuki.
(2.) THE Presiding Officer of the Tribunal, however, assessed the income of the deceased at Rs. 660/- per month only out of which 1/3rd was deducted towards personal expenses and the net income of the deceased was assessed only at Rs. 495/- p. m. Thus, the annual income of the deceased was assessed as Rs. 5940/- to which a multiplier of 13 only was applied. However, Rs. 55,000/- was awarded on account of love & affection to the wife two children and mother and funeral expenses and some other expenses also were included in this amount. In all a sum of Rs. 1,32,220/- was awarded to the claimants-appellants by way of compensation on account of death of the deceased-Shri Narain. This appeal has been preferred by the claimants-appellants for enhancement of the amount awarded by the Tribunal and it has been pleaded on behalf of the appellants that the income of the deceased was not correctly assessed by the Tribunal as the minimum income of the deceased in absence of evidence should have been assessed at Rs. 1500/- per month, but the Tribunal has assessed only Rs. 660/- per month, out of that 1/3rd amount has been deducted towards the personal expenses of the deceased with the result that a very meagre amount of Rs. 495/- only was assessed as the monthly income of the deceased. The counsel for the appellant although might be correct in contending that the minimum income of the deceased should have been assessed at Rs. 1500/- per month, he has completely missed that as per the case of the wife herself, the deceased was earning only Rs. 1000/- per month, but inspite of this lacuna, I am inclined to accept the income of the deceased at Rs. 1500/- per month for it is well settled that wherever the income of the deceased is not capable to exact assessment, the income has to be assessed at Rs. 1500/- per month for it is well settled that wherever the income of the deceased is not capable of exact assessment, the income has to be assessed at Rs. 1500/- per month. The wife of the deceased was not aware about the exact income of the deceased and just on the basis of speculation she had claimed Rs. 1000/- only in support of which also there was no evidence one way or the other. Therefore, I think it would be just and appropriate to ignore the finding recorded by the Tribunal on speculation and follow the settled principle of assessing the minimum income of the deceased at Rs. 1500/- per month which is being followed unanimously in all cases where the income of the deceased is not proved by correct and cogent evidence. If 1/3rd amount out of this income is deducted towards personal expenses of the deceased, the net income of the deceased would be Rs. 1,000/- per month. Hence, the annual income of the deceased would be Rs. 12,000/- per annum. In so far as the age of the deceased is concerned, there is no dispute that he was aged 45 years at the time of the death and hence the correct multiplier adopted by the Tribunal as per the Second Schedule to the Motor Vehicles Act, 1988 should have been 15 and the Tribunal appears to have erred in applying only a multiplier of 13 to the income of the deceased. If the multiplier of 15 is applied to the annual income of the deceased, the amount of compensation which would be arrived at would be Rs. 1,80,000/- and therefore, this amount is duly payable to the dependent plus Rs. 55,000/- which has already been awarded by the Tribunal on account of loss of love & affection to the dependents of the deceased. Therefore in total, a sum of Rs. 2,35,000/- is payable by the Insurance Company to the dependents of the deceased, who are the claimants-appellants herein and it cannot be disputed that Rs. 2,35,000/- for the loss of life of a 45 years old man can be treated as an exorbitant amount and, therefore, the impugned award requires modification on account of incorrect assessment of the income of the deceased being contrary to the settled view of assessing Rs. 1500/- per month wherein income is incapable of assessment as also the incorrect multiplier applied in regard to the age of the deceased. The impugned award of Rs. 1,32,220/- therefore, requires modification which is hereby modified to the extent of Rs. 2,35,000/- out of which is the amount already awarded to the appellant which is Rs. 1,32,220/- is deducted, the balance amount which remains to be paid to the claimants-appellants would be Rs. 1,02,780/ -. This amount as per the award which is modified shall be paid by the Insurance Company to the claimants-appellants expeditiously but not later than a period of three months. In so far as the claim of interest is concerned, the Tribunal has awarded interest @ 12% from the date of filing the claim petition, but it is clarified that the Insurance Company can be held liable to pay the interest only from the date from which it is liable to pay the amount as it is quite logical to infer that anyone can be made liable to pay the amount of interest only for the period during which it has defaulted in making the payment of legal dues with impunity. The Insurance Company obviously became aware of the impugned award and its liability to pay the amount only when it was passed by the Tribunal and therefore the claim of interest of the claimants can be held to be sustainable only from the date of passing of the award and not prior to it. Hence, the Tribunal shall be liable to pay the interest on the original amount of the award from the date of passing of the award. In so far as the enhanced amount of award is concerned, the interest @ 9% shall be paid if the amount is not paid to the claimants-appellants for a period of three months from today. If the amount is not paid within this period interest @ 9% on the enhanced amount shall also be paid to the claimants appellants.
(3.) THE impugned award stands modified to the aforesaid extent and the appeal accordingly stands allowed, but without any order as to costs. .;