1. This appeal has been preferred for enhancement of compensation awarded vide judgment and award dated 13.12.2006 passed by the Motor Accident Claims Tribunal(Auxi), Gandhidham, Kutch in M.A.C.P. No. 4/2004 whereby, the claim petition was partly allowed and the appellants, original claimants, were awarded total compensation of Rs.2,56,500/- along with interest at the rate of 7.5% per annum from the date of application till its realization with proportionate costs.
2. The facts in brief are that on 18.05.2002 the deceased was going from Adiput to Rajasthan by hero honda No.GJ-12-7060 and at that time, one tanker No.GJ-12-V-8227 came from wrong side and dashed with the motorcycle. As a result, the deceased sustained severe bodily injuries and died. He, therefore, filed claim petition before the Tribunal, which came to be partly allowed by way of the impugned award. Being dissatisfied with the compensation awarded, the appellants have preferred the present appeal.
3. Heard learned counsel for the parties. It has been submitted on behalf of the appellants that the amount awarded by the Tribunal under different heads is on the lower side. The Tribunal ought to have followed the second schedule of the Motor Vehicles Act, 1988, when the claim petition was decided under Section 163-A of the Act, considering the decision of the Apex Court in the matter of “NATIONAL INSURANCE CO. LTD. VS. GURUMALLAMMA & ANR.”, reported in 2009(16) SCC 43. However, applying the second schedule of the Act, the appellants would be entitled for Rs.2,40,000/- under the head of dependency and the total amount of compensation would be reduced, but, as there is no cross objection filed by the respondent-Insurance Company, no interference is called for. Hence, I find no reasons to entertain the present appeal.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
..mitesh..
[K. S. JHAVERI, J.]