REKHA SHARMA Vs. KESAR SINGH AND ANOTHER

JUDGEMENT

(1.) This appeal has been filed by the claimant-appellant seeking enhancement of compensation awarded by Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as 'the Tribunal') vide award dated 09.01.2013, on account of death of her son Lalit Sharma in a motor vehicular accident which took place on 13.12.2011.

(2.) On the basis of evidence led by the parties, the Tribunal came to a conclusion that Lalit Sharma died in a motor vehicular accident which arose out of the use of motorcycle bearing registration No. PB-06-T-2011. Ultimately, the claim petition was accepted by the Tribunal and the compensation has been assessed in view of Schedule II of Motor Vehicles Act, 1988, which is to be applied for assessing compensation in a claim petition under Section 163-A of the Act. The deceased was a young boy of 18 years of age. As per certificate of Senior Secondary Examination, deceased-Lalit Sharma had appeared in Class 12th examination in March, 2012. Schedule II of the Motor Vehicle Act provides for a structured formula for assessing the compensation in terms of Section 163-A of the Act. The notional income of the deceased, as per Clause 6 of Schedule II, was assessed as Rs. 15,000/- per annum. The total compensation was assessed as Rs. 3,00,000/-, out of which 1/3rd was deducted as per the statutory deduction provided in the said Schedule. Accordingly, the compensation was scaled down to Rs. 2,00,000/-. In addition to it, Rs. 5,000/- were awarded on account of funeral expenses. Hence, the claimant was found entitled to total compensation of Rs. 2,05,000/- along with interest @ 7.5% per annum from the date of filing of the petition till realization.

(3.) The two wheeler in question was comprehensively insured. As per document Ex.R-3, the said vehicle was issued as "package policy." In view of the judgment passed by the Delhi High Court in Yashpal Luthra v. United India Insurance Co., 2011 ACJ 1415, which was approved by the Hon'ble Supreme Court in National Insurance Co. Ltd. v. Balakrishnan, Civil Appeal No. 8163 of 2012 (decided on 20.11.2012), respondent No. 2-Insurance Company was held liable under the contractual obligation to indemnify the insured since it was a "package policy."