PREM DAHIYA Vs. ASHOK KUMAR & ANR.

JUDGEMENT

(1.) ISSUE Notice. Mr. Pankaj Seth, Advocate appearing on behalf of the Respondent No. 2 National Insurance Company Ltd. accepts notice.

(2.) IT is stated by the learned counsel for the Appellant that the Compensation of Rs. 3,24,500/ - awarded in favour of the Appellant stands paid. Since the Appeal involves a short question regarding determination of compensation in a Claim Petition under Section 163 -A of the Motor Vehicles Act, 1988 (the Act), the Appeal can be finally disposed of.

(3.) THIS Court in New India Assurance Co. Ltd. v. Pitamber & Ors. (MAC. APP. 304/2009) decided on 23.01.2012 held that in a Petition under Section 163 -A, the compensation has to be awarded strictly in accordance with the Second Schedule of Section 163 -A of the Act and the multiplier also has to be as per the Second Schedule. Applying the ratio of Pitamber, the loss of dependency comes to Rs. 4,53,334/ - (Rs. 40,000/ - x 2/3 x 17). The Appellant is further entitled to a sum of Rs. 2,000/ - towards funeral expenses and Rs. 2,500/ - towards loss to estate. The overall compensation thus comes to Rs. 4,57,834/ -