PREMJIBHAI LAKHU SONDHRA Vs. RASIKLAL KANJIBHAI AHIR

JUDGEMENT

(1.) IN connection with the vehicular accident that occurred on 08.05.2004 involving the vehicle (Tanker) bearing registration No. GJ-12-W-7289 in which minor Nirmala died, the legal heirs of the deceased filed M.A.C.P. No.372/2004 u/s. 163-A of the M.V. Act before the Motor Accident Claims Tribunal Main), Kachchh at Bhuj. The said claim petition came to be disposed of by judgment and award dated 13.04.2005 whereby, the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.1,59,700/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs. Against the said award, the present appeal has been preferred.

(2.) IT has been contended on behalf of appellants that the claim petition was filed u/s.163-A of the M.V. Act and therefore, the Second Schedule appended to the said proviso ought to have followed by the Tribunal while computing compensation rather than applying an independent multiplier. Reliance has been placed on the decisions of the Apex Court in the case of /National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 S.C.C. 43 and in the case of National Insurance Co. Ltd. v. Shyam Singh AIR 2011 SC 3231/.

(3.) RD amount towaRDs personal expenses of the deceased. Hence, the claimants shall be entitled for additional amount of Rs.24,800/- .