Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 3614 of 2018 Appellant :- The New India Assurance Co. Ltd. Respondent :- Smt. Ritu Khurana And 4 Ors Counsel for Appellant :- Praful Bahadur Hon'ble Ashok Kumar,J.
Heard learned counsel for the appellant.
This appeal is filed against the judgment and award dated 09.07.2018 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.9, Saharanpur in MACP no. 62 of 2018.
Learned counsel for the appellant-Insurance Company has pointed out that the Ministry of Road, Transport and Highways has issued a notification dated 22nd May, 2018, the relevant contents of the said notification is quoted hereinbelow;
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 22nd May, 2018 S.O. 2022(E).- In exercise of the powers conferred by sub-section (3) of section 163A of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government, keeping in view the cost of living, hereby makes the following amendment to the Second Schedule to the said Act, namely:-
In the Motor Vehicles Act, 1988, for the Second Schedule, the following Schedule shall be substituted namely:-
"THE SECOND SCHEDULE (See Section 163A) SCHEDULE FOR COMPENSATION FOR THIRD PARTY FATAL ACCIDENTS/INJURY CASES CLAIMS
1. (a) Fatal Accidents:
Compensation payable in case of death shall be five lakh rupees.
(b) Accidents resulting in permanent disability:
Compensation payable shall be = [Rs.5,00,000/- X percentage disability as per Schedule I of the Employee's Compensation Act, 1923 (8 of 1923)] Provided that the minimum compensation in case of permanent disability of any kind shall not be less than fifty thousand rupees.
(c) Accidents resulting in minor injury:
A fixed compensation of twenty five thousand rupees shall be payable:
2. On and from the date of 1st day of January, 2019 the amount of compensation specified in the clauses (a) to (c) of paragraph (I) shall stand increased by 5 per cent annually".
3. This notification shall come into form on the date of its publication in the Official Gazette."
[F. No.RT-11021/65/2017-MVL] Abhay Damle, Jt. Secy.
Learned counsel for the appellant-Insurance Company has submitted that the Second Schedule for compensation for 3rd party fatal accident/injury cases related to the claims specifically provides the compensation payable in the case of death will be Rs.5,00,000/- and in the case of permanent disability the compensation payable shall be = [Rs.5,00,000/- X percentage disability as per Schedule I of the Employee's Compensation Act, 1923 (8 of 1923). Though this notification is issued on 22nd May, 2018 and admittedly the claim petition is decided by the Tribunal on 09.07.2018, the above notification was not placed for consideration before the Tribunal.
In view of the aforesaid, it would be proper that appellant- Insurance Company may place the above notification before the Tribunal and Tribunal is directed to consider and decide the issue afresh after consideration of the notification. This exercise be completed by the Tribunal positively within three months from the date of certified copy of this order is produced by the appellant Insurance Company.
The appeal is disposed of.
Statutory amount, if any, deposited before this Court shall be remitted to the Tribunal concerned within two weeks, for adjustment towards the deposit to be made by the appellant for payment to the claimant.
Order Date :- 12.9.2018 A.Kr.*