CourtKutchehry.com
High CourtsSingle Bench

Moti Kala and Another vs Yogender and Others

Delhi High Court · Decided on 11 October 2012 · Citation: (2012) 10 DEL CK 0357

HON’BLE JUDGES
G.P. Mittal, J
ACTS & SECTIONS REFERRED
Motor Vehicles Act, 1988 — Section 163A
RESULT
Allowed
CASE NUMBER
MAC. App. 1077 of 2012
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

8 paragraphs · 393 words

G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 3,00,900/- which was awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in MACT Suit No. 62/2010 passed in a Claim Petition preferred u/s 163A of the Motor Vehicles Act, 1988(the Act). The only ground of challenge is that in a Petition u/s 163A of the Act, the multiplier has to be applied as per the age of the deceased and not as per the age of the Claimant.

2.

The case is covered by a judgment of this Court in New India Assurance Co. Ltd. v. Pitamber & Ors., (MAC.APP.304/2009) decided on 23.01.2012. This Court referred to the decision in Oriental Insurance Company Limited v. Smt. Pataso & Ors., MAC APP.962/2005 decided on 01.09.2008; Oriental Insurance Company Limited v. Om Prakash & Ors., 1 (2009) ACC 148; Jagdish & Anr. v. Madhav Raj Mishra and Anr. MAC APP.190/2011 decided on 19.04.2011; and Oriental Insurance Company Limited v. Anita Devi & Ors., 20011 (5) AD (Delhi) 138 , decided on 10.05.2011; The Oriental Insurance Co. Ltd. etc. Vs. Hansrajbhai V.Kodala and Others etc. etc., ; and Deepal Girishbhai Soni and Others Vs. United India Insurance Co. Ltd., Baroda, ; and held that in a Petition u/s 163A of the Act there is a cap of Rs. 40,000/- on the annual income and the compensation including non-pecuniary damages have to be awarded as per the Second Schedule.

3.

In view of the above, the loss of dependency comes to Rs. 4,53,333/-( Rs. 40,000/- x 2/3 x 17).

4.

The compensation awarded towards loss to estate and future expenses is not in consistence with the Second Schedule. The Appellants are entitled to a sum of Rs. 2,000/- towards personal and living expenses and Rs. 2,500/-towards loss to estate.

5.

The overall compensation thus comes to Rs. 4,57,833/-.

6.

The enhanced compensation of Rs. 1,56,933/- shall carry interest @ 9% per annum from the date of the filing of the Petition till its payment. The enhanced compensation shall be released/held in a nationalized bank in terms of orders of the Claims Tribunal.

7.

The Respondent No. 3 National Insurance Company Ltd. is directed to deposit the enhanced amount of Rs. 1,56,933/- along with interest with the Claims Tribunal within six weeks.

8.

The Appeal is allowed in above terms. Pending Applications stand disposed of.