ORIENTAL INSURANCE CO. LTD Vs. JAYASHREE SADASHIV

JUDGEMENT

(1.) The appellant insurer has challenged validity and legality of the judgment and award dated 18 November 2009 passed by Member of Motor Accident Claims Tribunal, Thane in MACP No.562 of 2005, whereby owner and insurer of the offending motor vehicle were held jointly and severally to pay compensation amount in the sum of Rs.3,85,500/ inclusive of 'no fault liability amount' along with interest @ 6% p.a. on the awarded sum on the date of order till realization thereon.

(2.) The facts briefly stated are that on 22 May 2004 at about 1.15 hours when Tejas Sadashiv Lugade was driving his motor cycle bearing registration no.MH04/DL7563 when it was near Babaji Patel wadi, at that time, offending motor vehicle Tata Sumo bearing registration no. MH04/AA4205 came in a very high speed and driven rashly and negligently dashed the motor cycle of Tejas. In the result, he was thrown of the motor cycle, fell down and sustained grievous head injury. Though he was removed to Chhatrapati Shivaji hospital, he succumbed to his injuries. Claimant is mother of said Tejas. She was awarded compensation on the basis that Tejas was young boy aged about 19 years, and was serving in Maharashtra Metal Works situated at Reay Road, opposite mankeshjwar temple, Mumbai400010, and getting salary of Rs.3,000/ per month. Due to death of her son Tejas, claimant is unable to maintain herself and had claimed compensation in the sum of Rs.5,11,167/ against owner and insurer of the offending Tata Sumo vehicle.

(3.) Mr.S.S.Vidyarthi, learned counsel criticizing the impugned order on the point of quantum of compensation submitted that under section 163A of the Motor Vehicles Act read with Schedule II of the Motor Vehicle Act, the prestructured formula is provided for granting compensation in claim applications prescribed under section 163A of the Motor Vehicles Act.