NEW INDIA ASSURANCE CO LTD Vs. SUKHBIRI DEVI

JUDGEMENT

(1.) AMITAVA Lala, J. Insurance company has preferred this appeal from the judgment and order dated 19. 2. 2008 passed by the concerned Motor Accident Claims Tribunal, Muzaffarnagar, by saying that there should be deduc tion of 2/3 instead of 1/3 of expenses which the victim would have incurred to wards maintaining himself had he been alive.

(2.) IT is true to say that the same is depending upon the circumstances of each case and we have already held in an earlier occasion to that extent. The Supreme Court had already said that the Second Schedule under Section 163-A is a guide but not a ready reckoner to follow it strictly. However, an exception cannot override the general rule applicable in the cases. More below the Second Schedule under Section 163-A clearly speaks that in the case of fatal accident, claims shall be reduced by 1/3 In consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive. In this case, the claimants were mother; aged about 68 years, father; aged about 70 years; and brothers between 35 to 40 years or more or less. The claim petition of the father and brothers were rejected since they were earning members. The age of the mother was considered and award was given after giving the deduction of 1/3.

(3.) INCIDENTALLY, the appellant-insurance company prayed that the statutory deposit of Rs. 25. 000/- made before this Court for preferring this appeal be remit ted back to the concerned Motor Accident Claims Tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is allowed. .