NEW INDIA INSURANCE CO LTD Vs. SONI BAI

JUDGEMENT

(1.) THESE two Appeals MAC APP No.543/2011 and MAC APP No.202/2012 arise out of a judgment dated 01.04.2011 passed in a Claim Petition under Section 163-A of the Motor Vehicles Act whereby a compensation of Rs.3,38,516/- was awarded for the death of Suraj a 19 years old son of the Appellant in MAC APP No.543/2011.

(2.) BOTH the Appellant (Insurance Company) and the Cross- Objectionists (the Claimants) say that in a Petition under Section 163-A of the Act, compensation has to be awarded as per the structured formula. This court after analyzing the law in MAC APP No.304/2009 titled New India Assurance Co. Ltd. v. Pitamber & Ors. decided on 23.01.2012 held that the compensation in a Petition under Section 163-A has to be awarded on the basis of structured formula.

(3.) THE compensation deposited in MAC APP No.543/2011 shall be released in favour of the Respondent No.1 in terms of the order passed by the Claims Tribunal.