NATIONAL INSURANCE CO Vs. VERSI LAKHA KOLI

JUDGEMENT

(1.) Heard the learned Counsel appearing for the appellant Mr. Mehta and Mr. Shah for the orig. claimants for final disposal of the appeal.

(2.) The short facts of the case appears to be that on 29.04.2004, deceased Raju Versi Koli was proceeding from Varmanagar to Navanagar on bicycle and as per the claimants, he was proceeding on the left hand side of the road. At around 17.30 Hrs. when he had reached near Ektanagar, a luxury bus bearing registration No. GJ-12-T-4452 came from the opposite side and dashed with the bicycle of the deceased and the deceased fell down on the road with the bicycle and ultimately, succumbed to the injuries which gave rise to the filing of the claim petition being MACP No. 628 of 2004 before the Tribunal under Section 163A of the Motor Vehicles Act, 1988 (hereafter referred to as 'the Act'). The Tribunal after adjudication assessed the income of the deceased at Rs. 3,000/- per month, i.e. Rs. 36,000/- per annum and since the deceased was between the age group of 15-20 years, assessed Rs. 6,84,000/- and thereafter, deducted 1/3rd of the amount and awarded compensation of Rs. 4,56,000/- and additionally awarded Rs. 2,000/- for funeral charges and Rs. 2,500/- towards loss of Estate(total Rs. 4,60,500/-) with interest @ 9% anit is under these circumstances, the present appeal before this Court.

(3.) The only contention raised on behalf of the appellant by Mr. Mehta, learned Counsel is that the Schedule relied upon by the Tribunal contains many mistakes and he submitted that such mistakes were also noted by the Apex Court in the case of U.P.State Transport Corporation and Ors. v. Trilok Chandra and Ors. reported at and more particularly at para 18 of the said decision. He also submitted that once again, such mistake in the Second Schedule was taken note of by the Apex Court with the observation for amendment in the Second Schedule as per the decision of the Apex Court in the case of Oriental Insurance Co. Ltd. v. Hansrajbhai V. Kodala reported at and more particularly, the observations made at para 26 of the said decision. Therefore, he submitted that the Tribunal has committed error. In the submission of Mr.Mehta, since the deceased was in the age group - 15-20 years, even if the income is considered as Rs. 36,000/- per year by applying the multiplier of 15, it would have been Rs. 5,76,000/- as against Rs. 6,84,000/- as considered by the Tribunal. Therefore he contended that consequently, if 1/3rd amount is deducted and the amount if counted, it would be the compensation for Rs. 3,84,000/- + Rs. 2,000/- for funeral expenses and Rs. 2,500/-for the lost of estate (total Rs. 3,88,500/-). As against the same, the Tribunal has awarded Rs. 4,60,500/-. Therefore, the present appeal for additional amount of compensation awarded by the Tribunal is preferred by the Insurance Company.