ANITABEN GHANSHYAMBHAI PATEL Vs. DGP AND IGP, GANDHINAGAR

JUDGEMENT

(1.) THESE appeals have been preferred against the common judgment and award dated 01.12.20101 passed by the Motor Accident Claims Tribunal [Aux.] FTC, at Anand in M.A.C.P. No. 221/2006 and in M.A.C.P. No. 222/2006, whereby both the claim petitions were partly allowed and the original claimants were awarded total compensation of Rs.1,44,500/ and Rs.74,500/ respectively together with proportionate costs and interest @ 7.5% per annum from the date of the application till its realization.

(2.) THE facts in brief are that on 13.09.2004, while Ghanshyambhai and Rakeshbhai were going on their Motor Cycle and when they reached near National Highway no.8, at that time, a Mobile Van bearing registration no. GJ23G0028, on account of rash and negligent driving dashed the motor cycle from the behind, as a result of which, both Ghanshyambhai and Rakeshbhai sustained severe bodily injuries and succumbed to the injuries. The legal heirs of the deceased therefore, filed claim petition, which came to be partly allowed, by way of the impugned award. The appellants have preferred the present appeal for enhancement of the amount of compensation.

(3.) 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.