JASWANT SINGH Vs. VIRENDER SHARMA

JUDGEMENT

(1.) THIS judgment shall dispose of all the three appeals as they arise out of the same accident and similar awards.

(2.) BRIEF facts of the cases necessary for the decision of the appeals are that the claimants Jaswant Singh, Yashwant Singh and Monika who are children of Mast Ram were traveling along with their father in a Maruti Van No. HIU-4627. The van was being driven by their father Mast Ram. According to the petitioners, due to mechanical defect, the van met with an accident and they all suffered injuries. It would be pertinent to mention here that the petitioners who were minors filed claim petition under Section 163-A of the Motor Vehicles Act, claiming compensation on account of no fault liability through their father Shri Mast Ram.

(3.) A perusal of the aforesaid provision makes it clear that in case a claimant chooses to claim compensation on the basis of no fault liability, the compensation has to be assessed as per the structured formula in the second Schedule and the Motor Accident Claims Tribunal has to award the compensation strictly in accordance with the Schedule and has no jurisdiction to award either a lower amount or a higher amount than provided under the Schedule.