NATIONAL INSURANCE COMPANY LTD Vs. BABITA

JUDGEMENT

(1.) THE Appellant National Insurance Company Ltd. seeks reduction of compensation of Rs. 7,84,520/- awarded for the death of Rajiv Kumar, which occurred in a motor accident on 09.03.2007.

(2.) A petition under Section 163A of the Motor Vehicles Act (the Act) was filed claiming the deceased's salary to be Rs. 3,300/- per month. In the absence of any evidence, the Motor Accident Claims Tribunal enhanced the said salary to Rs. 3,470/- per month, which was not permissible. In a petition under Section 163A of the Act compensation can be awarded on the basis of the structured formula as per second schedule. In New India Assurance Co. Ltd. v. Pitamber & Ors., MAC. APP. No.304/2009 decided by this Court on 23.01.2012, it was held as under: -

(3.) IN view of the above, the compensation on account of loss of dependency on the income of Rs. 3,300/- per month comes to Rs. 4,75,200/- [Rs. 3,300/- x 12 ? 1/3rd x 18 = 4,75,200/-]. The compensation under other pecuniary and non-pecuniary heads is recalculated on the basis of Second Schedule as under: - S. No. Head of Compensation Granted by the Tribunal Granted by this Court