1. This appeal is filed against the judgment and award dated 11th July 2003 passed by the learned Motor Accident Claims Tribunal (Main), Kachch at Bhuj in MAC Petition No.499 of 2001 by which the Tribunal has partly allowed the claim petition filed by the appellants-claimants.
2 In connection with the vehicular accident that occurred on 5th November 2991 involving the vehicle Trax Jeep bearing registration No.GJ-12-W-1429 in which minor girl Laxmi Hadhubha died, the legal heirs of the deceased filed M.A.C.P. No.499 of 2001 u/s. 163-A 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 11th July 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.
3. It has been contended on behalf of appellants 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 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.
4. 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.
5. 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 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, the total compensation would come to Rs.1,65,834/- after deducting 1/3rd amount towards personal expenses of the deceased. Hence, the claimants shall be entitled for additional amount of Rs.11,334/- .
6. 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.11,334/- 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.) *mohd Top