UNITED INDIA INSURANCE COMPANY Vs. MOHAN VINAYAK GAIKWAD

JUDGEMENT

(1.) This is an Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "M.V. Act") by the Insurance Company against the judgment and award dtd. 22/9/2014 passed by the learned Motor Accident Claims Tribunal, Buldhana in Claim Petition No.307/2011 awarding compensation of Rs.8,90,000.00 with 8% interest in the Claim Petition preferred by the Respondent Nos.1 to 3 under Sec. 163-A of the M.V. Act.

(2.) Heard the learned Advocate for the Appellant and the learned Advocate for the Claimants. Scrutinized the papers.

(3.) In Sarla Verma (supra) it is observed that, the principles relating to determination of liability and quantum of compensation are different for claims made under Sec. 163-A of M.V. Act and claims under Sec. 166 of M.V. Act. Sec. 163-A and Second Schedule in terms do not apply to determination of compensation in Applications under Sec. 166. In New India Assurance Company Limited (supra), the Claim Petition was filed under Sec. 163-A of the M.V. Act claiming compensation of Rs.15,00,000.00. The compensation was considered as per the Second Schedule i.e. Rs.40,000.00 per annum and necessary deductions were made and an appropriate multiplier was applied and the compensation was quantified to Rs.4,00,000.00 and odd amount. In United India Insurance Co. Ltd. (supra) it is observed that, it is clear that, the grant of compensation under Sec. 163-A of the M.V. Act on the basis of the structured formula is in the nature of final award and the adjudication thereunder is required to be made without any requirement of any proof of negligence of driver/owner of the vehicle(s) involved in the accident.