IMPORTANT POINT
The court established that compensation for motor vehicle accidents must accurately reflect the deceased's income and provide just interest rates, ensuring fair compensation for claimants.

JUDGMENT :

(Mridul Kumar Kalita, J.) :

1. Heard Mr. A. Lal, learned counsel for the appellants. Also heard Mr. K. K. Bhatta, learned counsel for the respondent No. 2.

2. This Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellants/claimants, namely, Smt. Sapna Puri @ Sapna Devi, Miss Megna Puri, Miss Sonam Puri and Smti. Puspa Rani Puri praying for enhancement of compensation awarded to the appellants/claimants by the impugned judgment and award dated 23.12.2019 passed by the Motor Accident Claims Tribunal No. 3, Kamrup(M) at Guwahati in MAC Case No. 206/2017.

3. The facts relevant for consideration of the instant appeal, in brief, are as follows:-

(i) That on 09.12.2016, at about 11 PM, one Jugesh Puri met with a motor vehicle accident at Bidyanagar, 7th Mile, Guwahati due to rash and negligent driving of the vehicle bearing Registration No. AS-19-C-8364. The accident also involved one Maruti Swift car bearing Registration No. AS-01-BS-5425 which was driven by the said Jugesh Puri as a result of the accident, the driver of the Maruti Swift car, namely, Jugesh Puri sustained grievous injuries and he was immediately taken to Guwahati Medical College & Hospital wherein he succumbed to his injuries within 3 hours of the accident.

(ii) On death of the deceased Jugesh Puri, his dependents, namely, the present appellants who are the wife, daughters and mother of the deceased respectively preferred an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of Jugesh Puri in the aforesaid motor vehicle accident. The appellants/claimants side adduced evidence of three witnesses, namely, the Appellant No. 1 Smt. Sapna Devi as PW-1, Meghraj Rai as PW-2 and one Abdus Samad as PW-3.

(iii) Though, the respondent/Insurance Company contested the claim of the appellants by filing written statements, however, it did not adduce any evidence in defence against the claim of the appellants.

(iv) Ultimately, on completion of the inquiry in MAC Case No. 206/2017, The Motor Accident Claims Tribunal No. 3, Kamrup(M) by Judgment dated 23.12.2019 awarded a compensation amount of Rs.19,71,312/- along with an interest at the rate of 7.5% per annum from the date of cross-examination of PW-3 within 15.07.2019 till its realization. It was further directed that out of the total awarded amount of compensation, a sum of Rs.2,50,000/- shall be paid to the mother of the deceased (Appellant No. 4) and a sum of Rs.3,00,000/- each would be deposited in a nationalized bank as fixed deposit in the name of Appellant No. 1, 2 and 3 for a period of 10 years and the remaining amount along with interest would be paid to Appellant No. 1.

4. The instant appeal has been filed by the appellants/ claimants being aggrieved with the quantum of compensation awarded to the appellants as well as they are also aggrieved with the Claims, Tribunal directing the payment of interest on the awarded compensation from the date of cross-examination of PW-3 only instead of date of filing of the claim petition. They are also aggrieved of the fact that no parental loss of consortium was awarded in respect of two minor child of the deceased. The Appellants/claimants are also aggrieved by the fact that only 7.5% rate of interest per annum was awarded on the compensation amount instead of an enhanced rate of 12% which was claimed by the Appellants/claimants.

5. Mr. A Lal, learned counsel for the appellants/claimants has submitted that the Motor Accident Claims Tribunal No. 3, Kamrup(M) had erred in computing the annual income of the deceased at Rs.1,81,077/- per annum and in computing loss of dependency at the rate of Rs.1,35,800/- only.

6. Learned counsel for the appellants/claimants has submitted that though the Learned Tribunal had agreed, in the impugned judgment, to the proposition that the evidence on record justifies that the deceased could earn a sum of Rs.2,89,725/- (Two Lakh Eighty Nine Thousand Seven Hundred and Tw