KAJAL PAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THE victim died in an accident at the age of thirty-five years leaving him surviving his widow and children. THE widow was twenty-eight years old. She applied under Section 166 of the Motor Vehicles Act, 1988 for appropriate compensation. She also claimed that the victim was earning rupees ninety per day as a helper in a truck. THE Tribunal disbelieved the income and assessed it notionally as rupees fifteen hundred per month. THE Tribunal applied multiplier of fourteen. THE claimants are not happy. Hence, this appeal.

(2.) IT is true that the application was made under Section 166 however, considering the income of the victim it could have been made under Section 163A. There is no hard and fast rule to have ouster of the second schedule to the Section 163A being applied in a case under Section 166. In fact, the Tribunal applied the structured formula, while doing so, applied a wrong multiplier. The Tribunal held that the age of the wife and children should be taken into account. Even if the age of the widow is taken the multiplier should have been eighteen. Considering the age of the victim the multiplier should have been seventeen.

(3.) THE differential amount would also carry interest at the said rate on and from October 5, 2002 until it is actually paid. THE Insurance Company is directed to pay the differential awarded sum as well as the interest in the same proportion fixed by the Tribunal to the respective claimants through account payee cheques to be sent at their recorded address by registered post with acknowledgement due. Such payment must reach the claimants within four weeks from the date of communication of this order. THE appeal is disposed of accordingly without any order as to costs.