1. In connection with the vehicular accident that occurred on 06.05.2001 involving the vehicle (Tanker) bearing registration No. GJ1X6086 in which minor Rashmi Kamalkishore Uniyal died, the legal heirs of the deceased filed M.A.C.P. No.584/2001 u/s. 163A of the M.V. Act before the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj. The said claim petition came to be disposed of by judgment and award dated 11.07.2003 whereby, the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,54,500/ along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs. Against the said award, the present appeal has been preferred.
2. It has been contended on behalf of appellants that the claim petition was filed u/s.163A of the M.V. Act and therefore, the Second Schedule appended to the said proviso ought to have followed by the Tribunal while computing compensation rather than applying an independent multiplier. Reliance has been placed on the decisions of the Apex Court in the case of National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 S.C.C. 43 and in the case of National Insurance Co. Ltd. v. Shyam Singh & Ors., AIR 2011 SC 3231.
3. The learned counsel for respondent no. 3 supported the impugned award passed by the Tribunal and submitted the amount awarded by the Tribunal is just and appropriate.
4. Heard learned counsel for the appellants. Considering the facts of the case and the principle laid down in Gurumallamma's case (supra) and Shyam Singh's case (Surpa), the formula stipulated in the Second Schedule to Section 163A of the Act is required to be followed for computing compensation. In other words, in a proceeding u/s. 163A of the Act, the amount of compensation is to be determined as per the method specified in the Second Schedule. Thus, by following the method specified in the Second Schedule, the total compensation would come to Rs.1,65,500/ after deducting 1/3rd amount towards personal expenses of the deceased. Hence, the claimants shall be entitled for additional amount of Rs.11,000/ .
5. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the appellants shall be entitled for additional amount of Rs.11,000/ over and above the total compensation awarded by the Tribunal, along with interest @ 7.5% per annum from the date of the application till its realization. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly.
[K.S. JHAVERI, J.] /phalguni/