NEW INDIA ASSURANCE CO LTD Vs. HARISH CHAND

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited impugns the judgment dated 28.03.2009 passed by the Motor Accident Claims Tribunal, (the Tribunal), whereby a compensation of Rs. 6,64,000/- was awarded to the Respondents (Claimants) for the death of Lajjawati.

(2.) A Claim Petition being Suit No.936/2006 was preferred by the Claimants under Section 163-A of the Motor Vehicles Act, (the Act).

(3.) THE question whether a compensation in a Petition under Section 163-A of the Motor Vehicles Act (the Act) can be claimed and awarded strictly in accordance with the structured formula given in the Second Schedule has vexed the Courts in the country. THE High Courts and the Supreme Court have been requesting the legislature to come out with an amendment to the Second Schedule which was incorporated way back in the year 1994 so that an adequate and 'just compensation' may be awarded to the persons in the lower income bracket.