Full Text
JUDGMENT
UNITED INDIA INSURANCE CO. LTD. ..... Appellant
Represented by: Mr.Sameer Nandwani, Advocate.
Gupta, Advocates for Respondent Nos.1 to 3.
1. The present appeal is directed against the impugned award dated 15.01.2010, whereby the learned Tribunal has awarded compensation as under: “1. Loss of dependency: Rs.5,78,880/-
2. Loss of love and affection: Rs. 50,000/-
3. For Funeral charges: Rs. 25,000/- TOTAL: Rs.6,53,880/- 2014:DHC:1149 The same was rounded off to Rs.6,53,900/- and the interest at the rate of 7.5% per annum was also awarded on the compensation amount.
2. Learned counsel appearing on behalf of the appellant/Insurance Company submits that the claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 (for short ‘MV Act’), however, the same was converted under Section 163-A MV Act and adjudicated accordingly by the learned Tribunal. Consequently, the learned Tribunal ought to have granted the compensation as per the Second Schedule of the Act, but failed to do so.
3. Learned counsel appearing on behalf of the respondents/claimants does not dispute the arguments advanced by the counsel for the appellant.
4. Accordingly, as per the IInd Schedule of MV Act, the compensation comes as under: “1. Loss of income: Rs.4,53,334/-
2. Loss of Estate: Rs. 2,500/-
3. Loss of consortium: Rs. 5,000/-
4. For Funeral charges: Rs. 2,000/- TOTAL: Rs.4,62,834/-”
5. Thus, an amount of Rs.1,91,066/- (Rs.6,53,900/- - Rs.4,62,834/-) is reduced from the compensation amount.
6. The Registry of this Court is directed to release the statutory amount and excess amount alongwith proportionate interest in favour of the appellant and balance compensation amount be released in favour of the respondents/claimants in terms of the award dated 15.01.2010 passed by the learned Tribunal on taking necessary steps by them.
7. In view of above, the appeal is allowed.
SURESH KAIT, J. MARCH 03, 2014 sb