Moti Kala & Anr v. Yogender & Ors

J U D G M E N T G. P. MITTAL, J. (ORAL)

¶1The Appeal is for enhancement of compensation of `3,00,900/- which was awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in MACT Suit No.62/2010 passed in a Claim Petition preferred under Section 163-A of the Motor Vehicles Act, 1988(the Act).

¶2The only ground of challenge is that in a Petition under Section 163-A of the Act, the multiplier has to be applied as per the age of the deceased and not as per the age of the Claimant.

¶3The case is covered by a judgment of this Court in New India Assurance Co. Ltd. v. Pitamber & Ors., (MAC.APP.304/2009) decided on

23.01.2012. This Court referred to the decision in Oriental Insurance Company Limited v. Smt. Pataso & Ors., MAC APP.962/2005 decided on

01.09.2008; Oriental Insurance Company Limited v. Om Prakash & Ors., 1 (2009) ACC 148; Jagdish & Anr. v. Madhav Raj Mishra and Anr. MAC APP.190/2011 decided on 19.04.2011; and Oriental Insurance Company Limited v. Anita Devi & Ors., 20011 (5) AD (Delhi) 138, decided on

10.05.2011; Oriental Insurance Company v. Hansrajbhai v. Kodala,

(2001) 5 SCC 175; and Deepal Girishbhai Soni v. United India Insurance Company Limited, (2004) 5 SCC 385; and held that in a Petition under Section 163-A of the Act there is a cap of `40,000/- on the annual income and the compensation including non-pecuniary damages have to be awarded as per the Second Schedule.

¶4In view of the above, the loss of dependency comes to `4,53,333/- (`40,000/- x 2/3 x 17).

¶5The compensation awarded towards loss to estate and future expenses is not in consistence with the Second Schedule. The Appellants are entitled to a sum of `2,000/- towards personal and living expenses and `2,500/- towards loss to estate.

¶6The overall compensation thus comes to `4,57,833/-.

¶7The enhanced compensation of `1,56,933/- shall carry interest @ 9% per annum from the date of the filing of the Petition till its payment. The enhanced compensation shall be released/held in a nationalized bank in terms of orders of the Claims Tribunal.

¶8The Respondent No.3 National Insurance Company Ltd. is directed to deposit the enhanced amount of `1,56,933/- along with interest with the Claims Tribunal within six weeks.

¶9The Appeal is allowed in above terms.

¶10Pending Applications stand disposed of.

(G.P. MITTAL) JUDGE OCTOBER 11, 2012 pst

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11th October, 2012 + MAC.APP. 1077/2012 MOTI KALA & ANR. ..... Appellants Through Mr.Manish Maini, Advocate versus YOGENDER & ORS. ..... Respondents Through Mr.Pankaj Seth, Advocate, Advocate for the Respondent No.3 Insurance Company. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL