HIGH COURT OF CHHATTISGARH AT BILA5PUR Misc.Appea! No.1351]2005 COMM: Honibie 5hr; s.R.Nayak, Chief Jusme & Hon’ble 5hri Dilip Raoscheb Deshmukh, J. lppeguanfs pp lican‘rs 1‘ Mus. Rajclulari Sharma, aged abou‘r 48 years, widow of Lafe Ashok Kumar Sharma. Ku. Shraddha Shawna, aged abouf 23 ‘ years, daughter of Late Ashok KLimar Sharma. Bo‘l’h are residenf Near Mahamuya Mandir, . Disff. Raipur (ca), presently resident of ‘- C/o. Krishna Mumri Sharma‘ Old Power House, Tarwa, Bilaspur, Disf‘r. Bilaspur (C.G.) m7 Versus. R g ? espondenfs Non-‘Appiican‘rs’ Amri'rlal Pafel, Son of Shri Ghasiyamm 6hasiya Ram Pn'rei, r/o vi“. Parsada, PO Pn*sheony, Gariyaband, Roipur (Owner pf Hero Honda No.66 04 CB $035) 2. Divisicna! Manager, The Orien‘ral insurance Co. Ltd. Through - me D'wn! Manager, The Orien'l'aT Insurance Co. LTd., In fron? of High Cour'f‘of Chhaffisgarh, Bilaspur (Chha‘h'isgarh) Sjm‘r. Bhagawa'ri Kashyap, Counsei for ‘fhe appel‘an‘rs‘ ORAL ORDER {Passed on i3.2.20D6) i The follawing .ora! Order of fhe Cour'l' was passed by .RNAYAK, CJ. e..eee W. A ~2— This is an appea! by 'I'he legal represenfafives of fhe deceased mying for more compensa'fion. The confen'fiori is fha‘r as per fhe age U . en'rered in the driving Iicence issued 1'0 +he deceased, which was shown as 54 years as on fhe dafe‘of acciden'i' whereas fhe Mo'for Accidenfs‘ iaims Tribunal (AA.A.C.T.) on fhe basis of fhe posT—morfem report howing 'i'he age of fhe deceased as 55 years for ihe purpose of pplying muh‘ipiier, wrongly determined fhe age of fhe deceased he‘fween 55 To 60 years. ;[T was also comended Thai M.A.C.T’ was nof iu’s‘rified in awarding inferesf a'i The ra‘ie of 7.5% and if oughf i0 have awarded inieres? a‘i fhe rafe of 9% per annum, i é t We do no'f find any meri'i in fhe con-reniions. We have perused The original records. IT appears ThaT The so—calied driving licence of The deceased was noT aT all produced before The M.A.C.T. The posT- morTem reporT shows The age of The deceased as 55 years. 'l'herefore, The M.A.C.T. was jusTified in Taking The age of The deceased beTween 55-60 years on’ The basis of The posT—morTem reporT. 3. In recenT years The inTeresT raTe boTh in This counTry and globally has been drasTically reduced. The accidenT occurred in The ‘l ear 2003, Therefore, award of The inTeresT aT The raTe of 7.5% per r l nnum can noT be said To be arbiTrary. 4!. There is no meriT in The appeal. IT is accordingly dismissed. WWLV....,,. .‘X y Sdl- Sd/- if’; Dilip Raosaheb CHIEF JUSTICE i Deshmukh ”V Judge __/ i l l l l i i l i l l l l ‘7