- (1.) The appellant has preferred this appeal against the award dated 13.02.2019 passed in Motor Accident Claim Case No. 68 of 2016 passed by learned District Judge-II-cum- Motor Accident Claims Tribunal, Bokaro whereby the claimant has been awarded compensation to the tune of Rs. 6,78,000/- along with simple interest @6% per annum from 09. 09. 2016 payable within 90 days failing which the Insurance Company has to pay an interest @9%.
(2.) Learned counsel for the appellant has submitted that such penal interest is unnecessarily imposed by the learned Tribunal as the statutory period to prefer an appeal is 90 days under the Motor Vehicle Act , under section 173 of the Motor Vehicle Act. Learned counsel for the appellant has further submitted that this appeal has been filed within time, as such, imposition of penal interest is erroneous consideration by the learned Tribunal. Learned counsel for the appellant has further submitted that deceased Aman Shekhar, son of the claimant was admittedly a student of Class-XII who has no income but the Tribunal has awarded compensation considering his notional income to be Rs. 6000/- per month, as such, the award is bad under law.
(3.) Heard, learned counsel for the appellant and perused the impugned award. It appears that deceased Aman Shekhar was going on scooty bearing registration no. JH-09X-3496 along with his friend on 20.06.2016, when a Tata Indica Xeta Car bearing registration No. JH-09J-1496 hit the scooty causing injury to Aman Shekhar, who died during treatment at Bokaro General Hospital on 22.06.2016 at 4. 30 P. M. The F. I. R. has been lodged against the driver of Tata Indica Xeta Car No. JH-09J-1496 vide Sector-4 P. S. Case No. 105 of 2016, G. R. Case No. 881 of 2016 dated 23.6.2016 under sections 279 / 327 / 304A of I. P. C. and after investigation police submitted chargesheet. The offending vehicle was insured before the National Insurance Company Limited bearing policy No. 55270031166160007742 for the period from 30.4.2016 to 29. 04. 2017 and the accident took place on 20. 06. 2016 i. e. within the said policy period. The learned Tribunal has considered the notional income of the deceased who was a student of Class-XII as Rs. 6000/- and accordingly calculated the amount. ;