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JUDGMENT
SAHEB MEHTO AND ORS. ..... Appellants Represented by: Mr. Peeush Sharma, Adv.
1. The present appeal has been preferred against the impugned award dated 04.11.2006, whereby, Ld. Tribunal awarded compensation for an amount of Rs.2,87,000/- with interest @ 7% per annum from the date of filing of the Claim Petition till realization of the amount.
2. Ld. Counsel appearing on behalf of the appellant submits that initially the Claim Petition was filed under Section 166 of Motor Vehicles Act, 1988. However, on an application being moved by the appellant, Ld. Tribunal vide order dated 16.03.2004 converted the same under Section 163-A of the Motor Vehicles Act.
3. Ld. Counsel further submits that despite the conversion of the Claim Petition to Section 163-A of the Motor Vehicles Act, same was adjudicated 2014:DHC:1830 under Section 166 of the Act and accordingly, the compensation was granted.
4. On perusal of the Trial Court Record, it is revealed that vide order dated 16.03.2004, the Claim Petition was converted to 163-A of the Motor Vehicle Act. In the Claim Petition, it was claimed that the deceased Sita Ram was 22 years of age on the date of accident. He was doing some private job and was earning Rs.3,000/- per month.
5. Accordingly, as per the second schedule, compensation comes as under: Sr. No. Heads Calculation as per MACT Calculation as per this Court i. Loss of dependency Rs.2,56,608/- Rs.4,08,000/- (Rs.3,000 x 2 /3x12x17) ii. For loss of love and affection Rs.25,000/- Nil. iii. For loss of consortium Nil Rs.5,000/iv. For loss of estate Nil Rs.2,500/v. Towards funeral expenses Rs.5,000/- Rs.2,000/- Total Rs.2,86,608/- (Rounded off to Rs.2,87,000) Rs.4,17,500/- Resultantly, the compensation is assessed at Rs.4,17,500/-
6. Accordingly, the enhanced compensation comes to Rs.1,30,500/- (Rs.4,17,500 – Rs.2,87,000/-).
7. The enhanced amount shall also carry interest @ 7% per annum from the date of filing of the claim petition till realization.
8. The respondent No.3/Insurance Company is directed to deposit the enhanced compensation amount with the Registrar General of this Court within a period of six weeks from today, failing which, appellants/claimants shall be entitled for penal interest @ 12% per annum on account of delayed payment.
9. On deposit, the Registrar General is directed to release the amount in favour of the appellants/claimants on taking necessary steps by them.
10. In view of the above, the appeal is allowed.
SURESH KAIT, J APRIL 01, 2014 jg