The appellants cannot be deprived of the interest accrued during the pendency of the appeal: Jammu Kashmir and Ladakh High Court

The Jammu Kashmir and Ladakh High Court passed a judgement on the 15th of December, 2022 in which the court has increased the amount of compensation that was decided by the tribunal. This was seen in the case of Suresh Kumar and another vs Brij Mohan and others (MA No. 384/2010). The case was presided over by The Honourable Mr Justice Puneet Gupta.     


The Motor Accident Claims Tribunal, Jammu, awarded Rs.2,31,000/- and interest at the rate of 7.5% per annum in favour of the appellants from the date of filing of the petition till the amount is realized. The appellants are aggrieved of the amount of compensation that has been awarded by the Tribunal and impugned the same on the ground that the tribunal has not awarded the amount of compensation keeping in view the monthly income which the deceased was to receive at the time of death, that the multiplier has not been rightly applied and that compensation has not been awarded under other heads as required.

The victim-Ajay Kumar Sharma died as a result of the accident. The monthly income of the deceased was 13000 rs per month but 4000 per month was taken into consideration by the tribunal. The court finds no reason to differ from the findings of the Tribunal qua monthly income of the deceased.


The court finds that the total amount to which the appellants are held entitled comes to Rs.7,14,800/-. The appellants are also held entitled to 7.5% per annum from the date of filing of the claim petition till the realization of the amount to be paid by the respondent Insurance Company. Hence the appeal was allowed.

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