The Court held that a claimant in a motor accident case is entitled to interest on the whole amount of compensation from the date of application till the date of payment, as per Section 110-CC of the Motor Vehicles Act.

R.N.MITTAL, J.

1. This judgment will dispose of L.P.A. Nos. 434 and 435 of 1977 which arise out of the same judgment of a learned single Judge dated 5th September, 1977.

2. Briefly, the facts are that Sohan Singh claimant was going on his motorcycle No, PNE-154 on the road dividing Sectors 17 and 18, Chandigarh, to his office in the Secretariat Building at about 9 A.M. on the 4th July, 1969. It is averred that he was going at the extreme left of the road and was driving the motorcycle at a slow speed. When he reached the crossing near the Government Printing Press building, he further slowed down his motorcycle. Simultaneously, car No. PUJ-2220 belonging to Iqbal Singh, respondent No. 1, and driven by Tarvinder Bir Singh, respondent No. 2, at a high speed came from the opposite side and struck against his right side. Due to the impact of the car, he, along with the moter cycle, fell on the ground and broke his right leg. He also received other injuries. He was removed to the General Hospital, Sector 16, in an unconscious state. Later, he was taken to the P.G.I., Sector 12, Chandigarh, on 5th July, 1969, where his leg was amputated from thigh. It is alleged that the accident took place because of rash and negligent driving of the car by the driver. The claimant claimed a compensation of Rs. 3,58,550.00 from the respondents.

3. The owner of the car and the Insurance Company contested the claim and controverted the allegations of the claimant. They inter alia pleaded that the accident took place on account of rash and negligent driving of the motorcycle by the claimant and, therefore, he was not entitled to any compensation.

4. The Motor Accident Claims Tribunal, held that the accident took place due to negligence of the driver of the car and that the claimant was entitled to Rs. 25,000.00 on account of permanent disability due to amputation of right leg, Rs. 5,000.00 on account of suffering and pain, Rs. 306/- on account of expenditure on special. diet, Rs. 508/-, on account of cost of artificial limb and Rupees 9,600.00 on account of expenditure on transport for rest of the life. It consequently accepted the claim petition to the tune of Rupees 40,414/-. The claimant came up, in appeal to this Court (F.A.O. No. 64 of 1972) and the owner and driver of the car and the Insurance Company, filed a cross appeal (F. A. 0. No. 38 of 1972).

5. The learned single Judge partly accepted the appeal of the claimant and enhanced the compensation on account of pain and suffering from Rs. 5000.00 to Rs. 10,000/_ and on account of expenditure on transport from Rs. 9,800.00 to Rs. 24,000.00 and dismissed the appeal of the owner and the Insurance Company. The latter have filed the above-said two letters patent appeals.

6. Mr. Suri has raised two arguments. firstly, that the findings of the Tribunal as well as of the learned single Judge that the accident took place on account of negligence of the driver of the car is erroneous; and, secondly, that the amount of compensation awarded on account of expenditure on transport, i.e., Rs. 24,000.00 was excessive.

7. The learned single Judge has dealt with in detail the evidence and come to the conclusion that the accident took place on account of the negligence of the driver of the car. In the letters patent appeal, we are not inclined to upset the finding of fact arrived at by the learned Judge by reappraising the evidence. Consequently, we reject the submission.

8. The second argument of Mr. Suri is that the learned single Judge held that the claimant was entitled to compensation on account of expenditure on the transport at the rate of Rs. 100.00 , per month. He determined the total amount of compensation as Rs. 24,000.00 by multiplying that amount with the number of months he was expected to live. He submits that if the said amount is deposited in the Bank the income from interest thereon at the rate of 10 per cent per annum which is generally paid by the Banks now an a fixed deposit, would co