Court No. - 34
Case :- FIRST APPEAL FROM ORDER No. - 834 of 2018 Appellant :- The New India Assurance Co. Ltd. Respondent :- Smt. Sudha Devi and others Counsel for Appellant :- Vinay Kumar Khare
Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard learned counsel for appellant and perused the record.
2. This appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as “Act, 1988”) has arisen from judgment and award dated 14.11.2017 passed by Sri Raj Bahadur Singh Maurya, Motor Accident Claims Tribunal/Additional District Judge, FTC-I, Auraiya in Motor Accident Claim Petition No. 284 of 2015 awarding compensation of Rs. 42,08,368/- with simple interest of 7 per cent.
3. The only ground on which the aforesaid award is assailed before us is that as per Rule 220A of U.P. Motor Vehicles Rules, 1998 (hereinafter referred to as the “Rules, 1998") inserted vide U.P. Motor Vehicles (11th Amendment) Rules, 2011 (hereinafter referred to as “Amendment Rules, 2011”) minor ought to have been treated as half unit, therefore, total dependents of deceased would come only three and deduction towards personal expenses should have been one third and not one fourth.
4. So far as Rule 220A of Act, 1998 is concerned, this Court in National Insurance Company Limited, Lucknow Vs. Lavkush and another (2017) 4 AWC 4257 (All) has already held that it lays down only guidelines and is not mandatory, controlling power of Tribunal of determining just compensation under Section 166 of Act, 1988. Having gone through the entire award, we find that in substance compensation determined by Court below is not illegal and cannot be said to be inconsistent with principles laid down for awarding just compensation and there is no ground which may justify passing of a decree of reversal.
5. No other point has been argued.
6. The appeal lacks merits. Dismissed at the stage of hearing under Order 41 Rule 11 C.P.C.
7. The amount already deposited at the time of filing this appeal shall be remitted forthwith to Court below.
Order Date :- 22.2.2018 PS