Hon'ble S.C. Chaurasia,J.
Present appeal under Section 173 of the Motor Vehicles Act has been preferred against the tribunal's judgment and order dated 3.10.2002. In brief, the deceased Bajendra Kumar Sharma, a student of Class-IX of Trilokinath Inter College, Chaurey Bazar (Bhartukhata), Faizabad succumbed to the injuries because of accident occurred with a Tata Sumo No. H.R.- 22B/0058. At the time of accident, the deceased Brajendra Kumar Sharma was waiting for appropriate carrier to attend the school at Bhartukhata Chauraha. A Tata Sumo driven rashly and negligently hit the deceased when he was standing on the left side of the footpath. The deceased succumbed to the injuries at the spot after the accident. In consequence thereof, a First Information Report was lodged and the dependents filed a claim petition before the tribunal. The tribunal framed issues and held while adjudicating the issue No.1 that on 30.9.1999 at about 9.30a.m., the Tata Sumo driven rashly and negligently hit the deceased who later on succumbed to the injuries at the spot. The tribunal further recorded a finding that the driver of the vehicle was having licence and it was insured by the appellant insurance company.
Learned counsel for the appellant submits that it was a hit and run case and the accident was caused by some other vehicle. However, no evidence was led by the appellant to establish that the accident was occurred by some other vehicle. The evidence led by the prosecution proved beyond doubt that it was occurred by the Tata Sumo in question which was financed by the appellant.
However, attention of this Court has been invited by the appellant's counsel that while awarding compensation, the tribunal has granted Rs.20,000/- in lieu of funeral expenses. Under Schedule 2 of the Motor Vehicles Act, the maximum amount payable under the head 'on funeral expenses' has been given to the tune of Rs.2,000/-. Accordingly, the submission is that the funeral expenses to the tune of Rs.20,000/- is excessive and more than what has been provided in the statute, i.e. Schedule 2 of the Motor Vehicles Act.
Mr. S.P. Maurya, learned counsel appearing for the claimant respondents submits that Rs.20,000/- has been awarded not only for funeral expenses but it covers certain other items. However, he failed to invite attention of this Court towards any material or evidence on record which may make out a case for payment of higher compensation than what has been provided under the Second Schedule of Motor Vehicles Act. There appears to be no doubt that the provisions contained in Second Schedule of the Motor Vehicles Act is a guideline and in appropriate case, the tribunal has got power under Section 166 of the Motor Vehicles Act to pay compensation more than what has been provided under the Second Schedule of the Motor Vehicles Act. However, for the purpose of awarding higher compensation, it shall be obligatory on the part of the claimant to lead evidence and make out a case for the purpose. The provision contained in Second Schedule of the Motor Vehicles Act is a guideline and ordinarily the Courts rely upon the Second Schedule for the purpose of payment of compensation. For higher compensation, as observed, it shall be obligatory for the claimant to lead evidence making out a case for higher compensation. In view of above, we do not find any reason to pay compensation in lieu of funeral expenses more than what has been provided under Second Schedule of the Motor Vehicles Act. Accordingly, the impugned award is liable to be modified to the extent it relates to payment of compensation in lieu of funeral expenses. The compensation of Rs.20,000/- for funeral expenses is reduced to Rs.2,000/-.
No other ground has been pressed by the appellant's counsel.
The judgment and order, passed by the tribunal does not seem to suffer from any impropriety or illegality except the payment of compensation in lieu of funeral expenses. In view of above, the claimant respondents seems to be entitled for compensation to the tune of Rs.1,52,000/- in all which shall be paid to the claimant respondents forthwith along with interest as provided by the tribunal.
Accordingly, the appeal is allowed in part. The judgment and order of the tribunal is modified to the extent payment of funeral expenses is concerned in the manner stated hereinabove. The claimant respondents shall be entitled for payment of compensation in all of Rs.1,52,000/- along with interest in pursuance to the tribunal's judgment.
Cost easy.
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