1. By way of this appeal, the appellant has challenged the judgment and award passed by the Motor Accident Claims Tribunal(Main), Palanpur on 21.11.2003 below Exh.1 in Motor Accident Claims Petition No.620 of 1997 under Section 163-A of the Motor Vehicles Act, whereby the Tribunal has awarded Rs.2,04,500/- to original claimant at the rate of 9% p.a. from the date of the application till its realization and proportionate cost.
2. The above claim petition came to be filed in connection with the vehicular accident that took place on 01.10.1997, involving the truck No.GJ- 12-U-7475, which was insured with the appellant- Insurance Company.
3. The Tribunal, after hearing learned advocate for the parties and after considering the evidence produced on record, decided the claim petition afresh as per this Court's order and passed the award as stated herein above, against which present appeal is preferred.
4. Learned counsel for the appellant has contended that the Tribunal has erred in considering annual income of the deceased at Rs.15,000/-.
5. Heard learned counsel and perused the record.
6. It is an admitted fact that the Tribunal had passed award on 06.09.2000, below application Exh.1 in MACP No.620 of 1997 by adopted the multiplier scheme under Section 163-A of the Act. Therefore, this Court has quashed and set aside the award on 23.01.2003 and remanded the matter for fresh consideration. Thereafter, the Tribunal has passed order below Exh.1 in MACP No.620 of 1997, whereby the Tribunal has awarded Rs.2,04,500/- alongwith 9% interest per annum from the date of application till realization with proportionate costs, relying upon the structured formula given in the Second Schedule of the Act. In my view the Tribunal was completely justified in adopting Second Schedule of the Act and therefore, the Tribunal has committed no error.
7. I am in complete agreement with the findings given by the Tribunal, therefore, no interference is called for. Hence, present appeal is dismissed.
..mitesh..
[K.S.JHAVERI, J.]