The New India Assurance Company Ltd. vs U.R. Naveen Chandra, Malathi and Adam Bhai <BR> U.R. Naveen Chandra and Malathi Vs Adam Bhai and The New India Insurance Company Ltd.

K.L. Manjunath, J.—MFA No. 9352/2006 is filed by the Insurance Company challenging the compensation awarded to the claimant in MVC No. 343/2004 on the file of the Motor Accidents Claims Tribunal, (for short ''the Tribunal''), Udupi wherein the total compensation of Rs. 3,31,000/- was awarded u/s 163-A of the Motor Vehicles Act. MFA Cross-objection is filed by the claimants seeking for enhancement of compensation. Therefore, these two matters are heard together.

After hearing the learned Counsel for the parties, we noticed that the claim petition was filed u/s 163-A of the Motor Vehicles Act contending that the deceased Kum. Nivedita who was aged about 18 years died in a road traffic accident that occurred on 1-6-2003 at about 9.15 a.m. The loss of dependency arrived at by the Tribunal at Rs. 3,06,000/- u/s 163-A is just and proper. But as per the Schedule, under the conventional heads, what was required to be awarded was only Rs. 4,500/- as against a sum of Rs. 25,000/- as awarded by the Tribunal. In the circumstances, the appeal filed by the Insurance Company has to be allowed reducing the compensation by Rs. 21,500/-. Therefore, the claimants are entitled to compensation of Rs. 3,10,500/- as against Rs. 3,31,000/-. In view of our finding in the appeal, the cross-objection filed by the claimant has to be dismissed.

In the result, MFA No. 9352/2006 filed by the Insurance Company is allowed. The compensation awarded by the Tribunal is reduced from Rs. 3,31,000/- to Rs. 3,10,500/-. The cross-objection is dismissed.

The amount, in deposit, if any, in MFA No. 9352/2006 is ordered to transmitted to the Tribunal.