Special Leave Petition Civil No 2023 of 1983
From the Judgment and Order dated 26882 of the High Court of Punjab  Haryana in LPA No 117282
Hardev Singh and RS Sodhi for the Petitioners
The Order of the Court was delivered by PATHAK J This case has been pending in this Court for some years
On November 21 1983 we directed issue of notice on the special leave petition
Almost three years later on August 11 1986 when the case was taken up it was found that the respondents had not entered appearance yet and consequently notice was directed to issue afresh indicating this time that the case would be decided on the merits of the controversy itself between the parties
On the latter date when no one appeared for the respondents the case was adjourned for two weeks again to enable the respondents to enter appearance
Thereafter on September 22 1986 an order was made for the last time directing issue of notice to the respondents returnable on October 20 1986 and intimating that the special leave petition would definitely be taken up on that date for final disposal on the merits of the case
It was made clear that the case would not be adjourned on any account
We find that the respondents continue to be absent
No reason has been shown for their absence and in the circumstances we proceed to dispose of the case
A bus belonging to the Punjab Roadways met with an accident on February 13 1971 which resulted in the death of three persons
One of those persons was Balbir Singh
An application was filed by the petitioners who are the widow and minor children of Balbir Singh for compensation before the Motor Accident Claims Tribunal
By an order dated October 23 1975 the Tribunal held the claimants entitled to compensation in the sum of Rs93600 with interest at 6 per cent per annum
Dissatisfied with the order the claimants as well as the State 1097 Government appealed to the High Court of Punjab and Haryana
The High Court dismissed the appeal filed by the claimants and partly allowed the appeal by the State
The High Court while holding that the accident was caused by the rash and negligent act of the driver of the bus reduced the compensation to Rs79200 but confirmed the award of interest made by the Tribunal
After carefully considering the matter we think that the High Court erred in reducing the quantum of compensation awarded by the Tribunal
There was sufficient material in our opinion to justify the quantification determined by the Tribunal and we see no reason why the amount should have been reduced
It was strenuously contended by learned counsel for the petitioners that the petitioners are entitled to an even greater amount of compensation in view of the different sources of income arising to the deceased Balbir Singh
We think however that having regard to the material on the record the amount of compensation assessed by the Tribunal should be maintained
Accordingly we restore the order of the Tribunal awarding compensation in the sum of Rs93600
In regard to the interest however we think the petitioners are entitled to a higher rate of interest than that awarded by the Tribunal and confirmed by the High Court
We find that in Narchinva V Kamat and Anr
vs Alfredo Antonio Doe Martins  Ors   this Court awarded interest at 12 per cent from the date of the accident up to the date of payment
Subsequently in Smt
Chameli Wati  Anr
vs Delhi Municipal Corporation of Delhi and Others  a larger Bench of this Court awarded compensation at 12 per cent per annum from the date of the application for compensation
We are of opinion that the petitioners should be entitled to interest at 12 per cent per annum from the date of the application for compensation to the date of payment
We order accordingly
The special leave petition is disposed of in these terms


Summary:
A State Roadways bus met with an accident resulting in the death of three persons
On an application being filed on behalf of one of the persons the Motor Accident Claims Tribunal awarded a compensation of Rs93600 to the widow and the minor children of the deceased with interest at 6 per cent per annum
The claimants as well as the State appealed to the High Court which dismissed the claimants  appeal and partly allowed the appeal by the State
While holding that the accident was caused by the rash and negligent act of the driver of the bus the High Court reduced the compensation to Rs79200 but confirmed the award of interest made by the Tribunal
In the special leave petition it was contended for the petitioners claimants that they were entitled to an even greater amount of compensation on account of the different sources of income arising to the deceased
Disposing of the special leave pention the Court  HELD The High Court erred in reducing the quantum of compensation awarded by the Tribunal
There was sufficient material on the record to justify the quantification determined by the Tribunal and there was no reason why the amount should have been reduced
The amount of compensation assessed by the Tribunal should therefore be maintained
1097B D The petitioners are entitled to interest at 12 per cent per annum 1096 from the date of the application for compensation to the date of payment
1097 Narchinva V Kamat  Anr
vs Alfredo Antonio Doe Martins  Ors  and Smt
Chameli Wati  Anr
vs Municipal Corporation of Delhi  Ors  referred to