Prem Dahiya vs Ashok Kumar and Another

G.P. Mittal, J.—Issue Notice. Mr. Pankaj Seth, Advocate appearing on behalf of the Respondent No. 2 National Insurance Company Ltd. accepts notice.

It is stated by the learned counsel for the Appellant that the Compensation of Rs. 3,24,500/- awarded in favour of the Appellant stands paid. Since the Appeal involves a short question regarding determination of compensation in a Claim Petition u/s 163-A of the Motor Vehicles Act, 1988 (the Act), the Appeal can be finally disposed of.

The Appellant Smt. Prem Dahiya, mother of the deceased Anuj Dahiya who died on 13.03.2006 takes exception to an impugned judgment dated 01.06.2012 solely on the ground that in a Claim Petition u/s 163-A, the multiplier was to be as per the deceased''s age as mentioned in Second Schedule and not as per the Claimants.

This Court in New India Assurance Co. Ltd. v. Pitamber & Ors. (MAC. APP. 304/2009) decided on 23.01.2012 held that in a Petition u/s 163-A, the compensation has to be awarded strictly in accordance with the Second Schedule of Section 163-A of the Act and the multiplier also has to be as per the Second Schedule. Applying the ratio of Pitamber, the loss of dependency comes to Rs. 4,53,334/- ( Rs. 40,000/- x 2/3 x 17). The Appellant is further entitled to a sum of Rs. 2,000/- towards funeral expenses and Rs. 2,500/- towards loss to estate. The overall compensation thus comes to Rs. 4,57,834/-

The compensation thus stands enhanced by Rs. 1,33,334/- which shall carry interest @ 9% per annum as granted by the Claims Tribunal from the date of the filing of the Petition till its payment.

The Respondent No. 2 National Insurance Company Ltd. is directed to deposit the enhanced amount of Rs. 1,33,334/- along with interest with the Claims Tribunal within six weeks.

Seventy Five per cent of the enhanced amount shall be held in fixed deposit for a period of three years. Rest shall be released on deposit.

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