AIROnline 2025 SC 562

Supreme Court Of India

(From : 2020 AAC 367 (Guj))

Hon'ble Judge(s): Sudhanshu Dhulia, K. Vinod Chandran , JJ

(A) Motor Vehicles Act (59 of 1988) , S.168— Death claim - Award of interest - Legality - When matter was pending before tribunal or in appeal before higher forums, claimants were deprived of compensation for future prospects - If they were paid in time, it could be utilised by claimants and on failure, loss of dependency would force claimants to source their livelihood from elsewhere - Same was sought to be compensated at least minimally by award of interest, which very often was nominal also since only simple interest was awarded - If amounts were disbursed to claimants on a rough calculation, on intimation of accident to Insurance Company, subject to award of tribunal, necessarily there would not have been any interest liability at least to extent of disbursement made - In one case, multiplier applied was 13 - Before tribunal, case was pending for 12 years and only amount received by claimants was Rs.50,000/- - Though amounts were awarded for future prospects taking multiplier of 13, in effect, money was received only after period for which multiplier was adopted - In other case, accident had occurred in 2018 and multiplier applied was 17 - Seven years had lapsed from date of accident - Entire award amounts would be paid with interest at rate of 9% from date of filing of claim till date of disbursement, deducting only Rs.50,000/- granted as interim compensation, in one case and 6% in other case ....