ORIENTAL INSURANCE COMPANY LIMITED Vs. PINKI AND ORS.

JUDGEMENT

(1.) APPELLANT -Oriental Insurance Company Limited through its Deputy Manager has filed this appeal against the order dated 3.9.2015 passed by the Motor Accident Claims Tribunal, Panchkula in a claim petition filed under Section 166 of the Motor Vehicle Act, whereby the claimants have been awarded a total compensation of Rs. 5,60,000/ - on account of death of a minor child Anushka in a motor vehicular accident which took place on 8.10.2014.

(2.) THE present appeal has been filed mainly on the ground that by referring to the judgment of Hon'ble the Supreme Court of India in the case of Kishan Gopal and another vs. Lala and others : 2013 (4) RCR (Civil) 276 has taken the notional income of the child as Rs. 30,000/ - per annum and adopted a multiplier of 17 and thus computed amount of Rs. 5,10,000/ - and awarded additional Rs. 50,000/ - towards conventional heads and thus the total amount of compensation of Rs. 5,60,000/ - was awarded to the claimants.

(3.) HOWEVER , in the judgment in the case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, : 2009 (3) RCR (Civil) 77, Hon'ble the Supreme Court of India has examined in detail the Second Schedule (Column 6) in cases falling under Section 163 -A of the Motor Vehicles Act.