1. In connection with the vehicular accident that occurred on 04.06.2006 involving the vehicle (Tempo) bearing registration No. GJ-12-V-6352 in which Kum. Geeta died, the legal heirs of the deceased filed M.A.C.P. No.336/2006 u/s. 163-A of the M.V. Act before the Motor Accident Claims Tribunal (Aux.-1), FTC-1, Kachchh at Bhuj. The said claim petition came to be disposed of by judgment and award dated 21.08.2007. Against the said award, the present appeal has been preferred.
2. It has been contended on behalf of appellant- Insurance Company that the claim petition was filed u/s.163-A 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 a decision of the Apex Court in the case of National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 S.C.C. 43.
3. Learned counsel for the respondents was not in a position to dispute the proposition of law laid down in the above decision.
4. Heard learned counsel for the appellant.
Considering the facts of the case and the principle laid down in Gurumallamma's case (supra), the formula stipulated in the Second Schedule to Section 163-A of the Act is required to be followed for computing compensation. In other words, in a proceeding u/s. 163- A 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 and considering the age of the parents, the total income would come to Rs.2,55,000/-. Now, after deducting 1/3rd amount towards personal expenses, the total dependency benefit would come to Rs.1,74,500/- [1,70,000 + 4,500]. The excess amount of Rs.30,000/- is required to be refunded to the appellant- Insurance Company.
5. For the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that the respondents, original claimants, shall be entitled for total compensation of Rs.1,74,500/- [Rupees One lac seventy four thousand five hundred only] along with interest and costs as awarded by the Tribunal. The excess amount of Rs.30,000/- shall be refunded to the appellant-Insurance Company. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly.
[K. S. JHAVERI, J.] Pravin/*