Suraj Bhan and Another vs Dharampal Singh and Others

G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 1,67,280/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) for the death of Rajender who died in a motor vehicle accident which occurred on 25.09.2008. A petition u/s 163A of the Motor Vehicles Act (the Act) was preferred by the Appellants claiming a compensation. It is admitted by the counsel for the parties that in a Petition u/s 163A of the Act, a compensation has to be awarded strictly as per the structured formula given in Schedule II to the Act. This Court in ''Anarkali & Anr. v. Raj Kumar & Anr.'' (MAC APP. 341/2012) decided on 11.04.2012 while relying on The Oriental Insurance Co. Ltd. etc. Vs. Hansrajbhai V.Kodala and Others etc. etc., , Deepal Girishbhai Soni and Others Vs. United India Insurance Co. Ltd., Baroda, and The Oriental Insurance Company Limited Vs. Meena Variyal and Others, held that in a Petition u/s 163A of the Act, there is a cap of Rs. 40,000/- on the income and the compensation for non-pecuniary damages has also to be in consonance with the Second Schedule. The loss of dependency thus comes to Rs. 4,53,333/- ( Rs. 40,000/- x 2/3 x 17).

The Appellants are further entitled to Rs. 2,000/- towards loss to estate and Rs. 2,500/- towards funeral expenses.

The Claims Tribunal awarded a sum of Rs. 7,280/- towards medical treatment of the deceased till he succumbed to his injuries which is not disputed. It is, therefore, maintained. Thus, the overall compensation comes to Rs. 4,65,113/-.

The enhanced compensation of Rs. 2,97,833/- shall carry interest @ 7.5% per annum and shall be equally shared between the Appellants. 70% of the enhanced compensation shall be kept in Fixed Deposit for a period of two years, four years, six years and eight years on which the Appellants would be entitled to quarterly interest. Rest 30% shall be released on deposit.

The Respondent No. 3 ICICI Lombard General Insurance Co. Ltd. is directed to deposit the enhanced amount of Rs. 2,97,833/- along with interest in the name of the Appellants with State Bank of India, Saket Court Branch within six weeks.

A copy of the order be sent to the Manager, State Bank of India, Saket Court Branch.

A copy of the order be sent to the concerned Claims Tribunal for information

The Appeal is allowed in above terms.

Pending Applications stand disposed of. No costs.