1. In connection with the vehicular accident that occurred on 06.09.1999 in which Babulal Manji Patel expired, the legal heirs of deceased filed M.A.C.P. No.355/2001 u/s. 163-A of the M.V. Act before the Motor Accident Claims Tribunal (Aux.), Kachchh at Bhuj. The said claim petition came to be disposed of by judgment and award dated 07.12.2005. Against the said award, the present appeal has been preferred.
2. It has been mainly contended on behalf of appellant-Insurance Company that since the claim petition was filed u/s.163-A of the M.V. Act, the Tribunal ought to have followed the formula prescribed in Second Schedule appended thereto for computing compensation. In support of the submission, reliance has been placed on a decision of the Apex Court in the case of National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 S.C.C.
43.
3. Though served none appears on behalf of the respondents.
4. Heard learned counsel for the appellant. Considering the facts of the case and the principle laid down in Gurumallamma's case (supra), the formula provided in 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, compensation is to be determined as per the method specified in the Second Schedule. Further, in the case of National Insurance Co. Ltd. v. Shyam Singh and others, AIR 2011 S.C. 3231, the Apex Court has held that age of parents is to be taken into consideration while deciding a claim petition filed u/s.163-A of the said Act. Thus, by following the method specified in Second Schedule and considering the age of the mother to be between 48 - 52, the total income would come to Rs.4,32,,000/-. If we deduct 1/3rd amount towards personal living expenses of deceased, the total dependency benefit would come to Rs.2,88,000/-. Additional Rs.4,500/- is to be awarded as per the Schedule. Thus, the claimants shall be entitled for total compensation of Rs.2,92,500/-. Hence, the excess amount of Rs.1,68,000/- is required to be refunded to the appellant-Insurance Company.
5. For the foregoing reasons, the appeal is partly allowed. The impugned award is modified to the extent that the respondents, original claimants, shall be entitled for total compensation of Rs.2,92,500/- [Rupees Two lac ninety two thousand five hundred only] along with interest and costs as awarded by the Tribunal. The excess amount of Rs.1,68,000/- shall be refunded to the appellant-Insurance Company. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly.
[K.
S. JHAVERI, J.] Pravin/* Top