GOBARBHAI BHIKHABHAI VALA Vs. MEGHABHAI NAJABHAI JOGRANA

JUDGEMENT

(1.) IN connection with the vehicular accident that took place on 04.09.2002, involving the vehicle bearing registration No. GAB8288 and in which Mohanbhai Gobarbhai died, the legal heirs of deceased preferred claim petition being M.A.C.P. No.649/2002 u/s. 163A of the M.V. Act before the Motor Accident Claims Tribunal (Main), Bhavnagar. The said claim petition was allowed in part, by judgment and award dated 01.04.2005, whereby, the original claimants were awarded total compensation of Rs.2,08,500/ along with interest at the rate of 9% per annum from the date of application till its realization. Being aggrieved by the said award, the appellants original claimants have filed the present appeal for enhancement of the amount of compensation.

(2.) IT has been contended on behalf of appellantoriginal claimants that the claim petition was filed u/s.163A 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. In support of the said submission, reliance has been placed on the decision of the Apex Court in the case of National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 S.C.C. 43.

(3.) HEARD learned counsel for the appellants. Considering the facts of the case and the principle laid down in Gurumallamma's case (supra), the formula stipulated in the Second Schedule to Section 163A of the Act is required to be followed for computing compensation. In other words, in a proceeding u/s. 163A of the Act, the amount of compensation is to be determined as per the formula specified in the Second Schedule.