MANGAT SINGH Vs. AMIT TERATHWAL

JUDGEMENT

(1.) This is a claimants Appeal from Order, which has been preferred invoking Sec. 173 of the Motor Vehicles Act, wherein the claimants, have put a partial challenge to the impugned award dtd. 21/12/2011, which was rendered by the learned Additional District Judge/FTC-7/Motor Accident Claims Tribunal, Dehradun, in MACT Case No. 107 of 2007, Shri Mangat Singh Terathwal and another Vs. Shri Amit Terathwal and others.

(2.) The claimants to the present Appeal from Order, had prayed for, that the impugned award, which had been rendered by the learned Motor Accident Claims Tribunal wherein, only a partial award has been rendered in their favour to the tune of Rs.2,22,000.00 along with 9% interest, payable on it, which has been directed to be made payable to them from the date of presentation of the application, may be enhanced to the amount, which was claimed by the claimants, in their claim petition to the tune of Rs.10.00 lakh.

(3.) Brief facts of the case are, that the claimant have contended in their claim petition, which had been filed before the learned Court below on 4/5/2007 initially, by invoking the provisions contained under Sec. 163A of the Motor Vehicles Act, 1988, but, later on voluntarily, by the amendment sought for by the claimants, the claim petition was got amended and instead of claim petition being preferred under Sec. 163A of the Act, the same has been amended to be treated as to be the claim petition which has been preferred under Sec. 166 of the Motor Vehicles Act. As per the provisions of the Motor Vehicles Act, the two distinct provisions i.e. Sec. 163A, which is extracted hereunder, it includes the determination of compensation based upon the principles for the payment of compensation, on the basis of structured formula, as provided in the Second Schedule. Sec. 163A of the Motor Vehicles Act, reads as under:-