NEW INDIA ASSURANCE CO LTD Vs. SAIRUN BIWI

JUDGEMENT

(1.) HEARD the parties and with their consent this appeal is disposed of under Order 41, rule 11 of the Code of Civil Procedure. By impugned judgment and award dated 5.2.1999, appellant was directed to pay Rs. 4,07,800 to claimants-respondent Nos. 1 to 5 as compensation, under the provisions of Motor Vehicles Act, 1988. Further direction was given that if the insurance company fails to pay the compensation amount within 4 months from the date of impugned order, the claimants would be entitled to get interest at the rate of 12 per cent per annum on the amount of compensation. In the present appeal filed by insurance company, under section 173 of the said Act, award impugned has been challenged only to the extent that claimants were not entitled to get more than Rs. 3,59,156, which was claimed by them. It is not in dispute that on 13.8.1992, one Juman Mian, who was a passenger on a Trekker (BR 17-B 6369), died when the said Trekker met with an accident. It was also not in dispute that accident took place on account of rash and negligent driving of Trekker. At the time of his death Juman Mian was 40 years old and was employed as loader in Parasiya Colliery of Eastern Coalfields Limited and was getting Rs. 3,459.14 per month as his salary and the said vehicle was insured with the appellant insurance company at the relevant time. In his monthly salary of Rs. 3,460, a sum of Rs. 1,250 was deducted towards his personal expenses and annual dependency was calculated at Rs. 26,520 (Rs. 2,210 x 12). The Tribunal thereafter, applied multiplier of 15 and calculated the compensation amount at Rs. 3,97,800 and added Rs. 10,000 towards future expectation. The amount came to Rs. 4,07,800. The question whether claimants are entitled to get higher amount of compensation than the amount claimed in the claim application was considered in detail in a Full Bench decision of Gujarat High Court in Dr. Urmila J. Sangani v. Pragjibhai Mohanlal Luvana, 2000 ACJ 1125 (Gujarat), and was held that under section 166 read with section 168 of the Motor Vehicles Act, 1988, it was not open to the Claims Tribunal to award the amount of compensation, higher than the amount claimed by the claimants in the claim petition, on the ground that the Tribunal had jurisdiction to award just compensation. In my view, the ratio of said Full Bench decision is applicable in the present case. Accordingly, the total amount of compensation of Rs. 4,07,800 is reduced to Rs. 3,59,156, as claimed by respondent Nos. 1 to 5 in their claim application. Claimants-respondent Nos. 1 to 5 are also entitled to get interest at the rate of 12 per cent per annum from the date of filing of claim application till payment. This appeal is disposed of with the aforesaid modification in the impugned judgment and award.

(2.) THE statutory amount of Rs. 25,000, deposited by appellant in this appeal, by challan No. J-103 dated 10.12.1999, is permitted to be withdrawn by claimants-respondent Nos. 1 to 5, on proper verification and in accordance with law. Appeal allowed.