NATIONAL INSURANCE CO Vs. MAMAD IBRAHIM MANKA

JUDGEMENT

(1.) IN connection with the vehicular accident that occurred on 11.11.2004 involving the vehicle (Tempo) bearing registration No. GJ-5-U-1329 in which minor Aishubhai Mamad Manka died, the legal heirs of the deceased filed M.A.C.P. No.666/2004 u/s. 163-A of the M.V. Act before the Motor Accident Claims Tribunal (FTC-5), Kachchh at Bhuj. The said claim petition came to be disposed of by judgment and award dated 25.05.2006 whereby, the claim petition was partly allowed and respondents no.1 & 2, original claimants, were awarded total compensation of Rs.2,04,500/- 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 appellant-Insurance Company 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 a decision of the Apex Court in the case of National Insurance Company Ltd. v. Gurumallamma and another, (2009) 16 S.C.C. 43.

(3.) FOR the foregoing reasons, the appeal is partly allowed. The impugned award passed by the Tribunal is modified to the extent that respondents no.1 & 2, original claimants, shall be entitled for total compensation of Rs.1,74,500/- only along with interest and costs as awarded by the Tribunal. The excess amount of Rs.30,000/- shall be refunded to the appellant-Insurance Company. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly.