NATIONAL INSURANCE CO LTD Vs. KAMLA AND OTHERS

JUDGEMENT

(1.) Present appeal is challenge to the Award dated 16.09.2014 whereby the Tribunal awarded compensation of Rs. 5,47,400/- on account of death of Rakesh, who died in motor vehicle accident took place on 30.01.2014.

(2.) Claim petition was filed under Section 163-A of The Motor Vehicles Act, 1988 (hereinafter to be referred as 'The Act'). Relevant facts for the purpose of decision of appeal that on 30.04.2014 Rakesh (since deceased) was going on foot towards Uklana Mandi from bus stand. Meanwhile, car bearing registration No. HR-20X-7333, which was being driven by respondent No.4 came from Litani side. All of a sudden, a stray cow came in front of the car and in order to save the said cow, the car hit against deceased Rakesh. Said Rakesh was taken to General Hospital, Fatehabad, where he succumbed to the injuries. Claim petition filed under Section 163-A of 'The Act'. Respondents contested the claim petition and the Tribunal awarded the compensation of Rs. 5,47,400/-

(3.) Appellant-Insurance Company has challenged the said award on the ground that the Tribunal has misread and mis-appreciated the evidence as the Tribunal awarded a sum of Rs. 1,00,000/- for loss of love and affection to the parents and Rs. 25,000/- for funeral expenses though the claim petition was under Section 163-A of 'The Act'. There is no provision under 2nd Schedule of 'The Act' to award a sum of Rs. 1,00,000/- for loss of love and affection and Rs. 25,000/- for funeral expenses rather the claimants are entitled to Rs. 2,500/- for funeral expenses and Rs. 2,000/- for loss to the Estate. So, the amount of compensation be reassessed as per 2nd Schedule which is applicable with present case.