NATIONAL INSURANCE COMPANY LTD Vs. MANKALA RESMI

JUDGEMENT

(1.) THE Appellant National Insurance Company limited impugns a judgment dated 14.05.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.4,89,500/- was awarded in favour of Respondents No.1 to 4 for the death of Hem Bahadur Resmi who died in a motor vehicle accident which occurred on 20.07.1997.

(2.) FOLLOWING contentions are raised on behalf of the Appellant Insurance Company:-

(3.) AS far as second contention is concerned, it is well settled that in a Claim Petition under Section 163-A of the Motor Vehicles Act, 1988 (the Act) the compensation has to be awarded as per the structured formula. (Oriental Insurance Company Ltd. v. Hansrajbhai v. Kodala (2001) 5 SCC 175; and Deepal Girishbhai Soni & Ors. v. United India Insurance Co. Limited, Baroda, (2004) 5 SCC 385).