MOTI KALA & ANR. Vs. YOGENDER & ORS.

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.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 163A of the Motor Vehicles Act, 1988(the Act). The only ground of challenge is that in a Petition under Section 163A 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.

(2.) THE 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 163A of the Act there is a cap of Rs.40,000/ - on the annual income and the compensation including non -pecuniary damages have to be awarded as per the Second Schedule.

(3.) THE 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 Rs.2,000/ - towards personal and living expenses and Rs.2,500/ -towards loss to estate.