NEW INDIA ASSURANCE CO LTD Vs. SMRITILEKHA TEWARI

JUDGEMENT

(1.) The appeal would relate to awarding of compensation to the bereaved family of a Government employee. The Tribunal mechanically applied the 2nd Schedule ignoring the fact that the claim application was made under Section 166 of the Motor Vehicles Act, that does not specifically obligate the Tribunal to apply the 2nd Schedule, which is appended to the said Act as a ready reckoner for claim application made under Section 163-A.

(2.) The case in hand before us would relate to an application under Section 166. The Tribunal awarded compensation by using the multiplier of 8 and calculating the compensation strictly as per the 2nd Schedule.

(3.) Pertinent to note, that the victim died at the age of 56 years, having about four years service left to his credit. Both the claimants as well as the Insurance Company are aggrieved by the said decision. The Insurance Company preferred the instant appeal on the ground that the Tribunal should not have mechanically applied the multiplier of 12 adopting the 2nd Schedule. The Tribunal should have followed the formula so prescribed by one of our Division Bench decisions in the cases of Smt. Sankari Banik & Ors. Vs. National Insurance Co. Ltd. & Anr.,2009 4 TAC 446 and Smt. Rita Ghosh & Ors. Vs. United India Insurance Company Ltd. & Anr., 2010 3 TAC 21 followed in subsequent decision in the case of New India Assurance Co. Ltd. Vs. Sajeda Begum & Ors., 2010 2 TAC 840.