NARAYANA Vs. SHAFI @ SHAFIULLAH

JUDGEMENT

(1.) THESE two appeals are filed by Narayana and Retish, who are claimants both in MVC.Nos.120/2006 and 119/2006 on the file of MACT, Sagar. MVC.No.120/2006 was filed seeking compensation for the death of wife of Narayana and mother of Retish in the road traffic accident involving jeep bearing No.KL- 10/B.4705 and bus bearing No.KA-18/6747. MVC.No.119/2006 was filed by them seeking compensation for the death of Sathish, son of Narayana and brother of Retish.

(2.) THE accident involving aforesaid two vehicles resulting in death of Smt.Omana and Sathish is not in dispute. So also claim petitions filed by Narayana and Ritesh seeking compensation for the death of Omana and Sathish. The claim petitions were filed under Section 163-A of the Motor Vehicles Act. In the proceedings before Tribunal, on appreciation of oral and documentary evidence available on record the Tribunal has taken the income of deceased Omana at Rs.3,000.00 pm., and awarded compensation in a sum of Rs.3,32,000.00. Though the claim petition was filed under Section 163-A of the Motor vehicles Act the manner in which compensation is awarded is deviated from the procedure contemplated under said Section. In that view of mater, if compensation is reassessed under Section 163-A of the Act, it would further reduce the compensation and there is no scope of enhancement.

(3.) SO far as MFA.No.8173/2008, which is filed impugning the judgment and award passed in MVC.No.119/2006, wherein claim petition is in respect of death of son of Narayana and brother of Ritesh i.e., Sathish is concerned, admittedly, the accident is not in dispute. So also relationship of appellants with deceased. It is also not in dispute that claim petition is filed under Section 163-A of the Act. Though the income of deceased is said to be Rs.3,200.00 pm., the Tribunal has taken the same erroneously at Rs.3,000.00 pm., and compensation is awarded. While doing so, 50% of same is defrayed towards personal expenses of deceased, which is contrary to schedule-II of Section 163-A of the Act. In that view of mater, compensation awarded by Tribunal is required to be reassessed.