NEW INDIA ASSURANCE CO LTD Vs. SHANKAR LAL

JUDGEMENT

(1.) This appeal by the insurance company is directed against the award passed by the learned Motor Accidents Claims Tribunal, Solan, in M.A.C. Petition No. 101-S/2 of 2004, decided on 1.8.2005.

(2.) Briefly stated the facts of the case are that the petitioners are the parents of deceased Yash Pal, who died in a motor vehicle accident involving truck No. HP 11-B 5135 which was owned by Gulab Devi, driven by Satnam Singh and insured with appellant, New India Assurance Co. Ltd. Petitioners filed a petition claiming compensation under section 163-A of the Motor Vehicles Act. The learned Tribunal rightly came to the conclusion that the notional income of the deceased, who was a non-earning person being only 6 years old, could be taken at Rs. 15,000 per annum and that the multiplier applicable in the case was 15. After observing this, the learned M.A.C.T. had come to the conclusion that Rs. 3,60,000 was the assessable compensation out of which 1/3rd was to be deducted. How this calculation was arrived at is not clear from the award. It appears that the learned Tribunal just blindly followed the Table given in Second Schedule of the Motor Vehicles Act and against item No. 1 (age 0-15 years), he went to the income of Rs. 18,000 and took Rs. 3,60,000 as the total income and thereafter deducted 1/3rd as provided under the Schedule. He after awarding Rs. 2,000 for funeral expenses and Rs. 2,500 for loss to estate, awarded Rs. 2,44,500 in all.

(3.) The insurance company filed a petition for review of the said order and the learned Tribunal without any application of mind concluded that there is no mistake apparent on the face of record and the compensation is in accordance with Second Schedule of the Motor Vehicles Act and dismissed the review petition.