ORIENTAL INSURANCE CO.LTD Vs. ANITA

JUDGEMENT

(1.) THIS Miscellaneous Appeal has been preferred by appellant -Oriental Insurance Company Limited against the judgment dated 2.2.2000 and award dated 21.2.2000 passed by Sri Ram Narayan Singh, 4th Additional District Judge -cum -Motor Vehicle Accident Claims Tribunal, Purnea in Compensation Claim Case No. 62 of 1998 whereby the Tribunal has awarded a total compensation of Rs. 5,96,732.00 to the claimants with interest at the rate of 12% per annum from the date of filing of the claim application till the date of realisation.

(2.) THE only grievance raised by the learned Advocate of the appellant was that the claimants had preferred their claim under the provisions of Sec. 163A of the Motor Vehicles Act (hereinafter will be called "M.V. Act") which has got limited scope for computing compensation as Second Schedule attached with the Act provides that u/s. 163A the maximum annual income upon which compensation can be calculated cannot exceed beyond Rs. 40,000.00 and the learned Tribunal by computing the compensation on the basis of the annual income of the deceased at Rs. 48,936.00 has committed illegality. He submitted that unless the claimants bring down the annual income of the deceased notionally at Rs. 40,000.00, the claim application cannot be entertained. In support of his argument, the learned Advocate of the appellant has placed reliance upon the decision of Karnataka High Court given in the case of Sulochana and Others V/s. Karnataka State Road Transport Corporation, 2005 0 ACJ 849. He has also placed reliance upon another decision of the same High Court given in the case of Guruanna Vadi and Another V/s. General Manager, Karnataka State Road Transport Corporation and Another, 2001 0 ACJ 1528.

(3.) THUS , relying upon the above two decisions, I am of the opinion that the Tribunal has committed illegality in calculating the compensation on the basis of the annual income of the deceased fixing at Rs. 48,936.00 which was not permissible under the Second Schedule attached with the M.V. Act.