JUDGEMENT
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(1.) THE claimants -appellants have as -sailed the impugned judgment and award passed by Additional District Judge -cum -Motor Vehicles Accident Claims Tribunal, Bokaro in Title (Motor
Vehicle) Suit No. 74/2003 on the following grounds: ''
(i) Admittedly the deceased was aged 33 years. The Tribunal erroneously look 13 years of purchase while determining the compensation on the basis of multiplier theory instead of taking at least 17 years of purchase.
(ii) The Tribunal also erroneously did not allow any interest although there is no laches on the part of the claimants in instituting or prosecuting the claim case.
(2.) WE find force in the submission of the learned counsel. Since there is no dispute with regard to annual dependency of the deceased which comes to Rs. 28,800/ -, the Tribunal ought to have
taken at least 16 years of purchase while assessing the compensation. If the annual dependency
is multiplied by 16 years of purchase, then the net amount of compensation will come to Rs.
4,50,800/ -. Further no reason has been assigned by the Tribunal in not awarding any interest. The claimants are at least entitled to get interest @ 6% p.a. from the date of claim application till the
date of deposit of the compensation amount by the respondent -Insurance Company before the
Tribunal.
We, therefore, allow this appeal in part and enhance the compensation amount from Rs. 3,81,40 / - to Rs. 6,60,000/ -. This amount of Rs. 4,60,000/ - shall carry interest at the rate of 6% p.a. from the
date of claim application till the date of deposit of the awarded amount before the Tribunal by the
respondent -Insurance Company.;
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