UNITED INDIA INSURANCE CO.LTD Vs. BINA DEVI

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment/ Award dated 16.03.2011 passed by Additional District Judge -cum - Motor Vehicle Accident Claims Tribunal, F.T.C. 11, Bokaro in Motor Vehicle Claim Case no.32 of 2009.

(2.) SINCE learned counsel for the respondent -claimant nos. 1 to 5 have appeared, the appeal has been heard in presence of both the parties. The appellants have challenged the impugned judgment/Award on three fold grounds: (i) the finding of learned Tribunal regarding validity of licence is based on no evidence and the judgment is perverse; (ii)learned Tribunal has erroneously taken the multiplicand to double the monthly salary and has also committed error in doubling the amount of salary in the light of the decision of this Court in Archana Jha Vrs. The Oriental 6/5/2014 Page 69 Krishna Baitha Versus State Of Jharkhand Insurance Company Ltd. [(2008)4 JLJR 567] and (iii) learned Tribunal has committed an error in granting of Rs.50,000/ - under the head of loss of consortium as against the fixed amount of Rs.5,000/ - as per the Schedule II of section 163(A) of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act ').

(3.) SO far as granting of compensation for loss of consortium is concerned, though Schedule II of section 163(A) of the Act provides for the amount of Rs.5000/ -, the effect of the said schedule is diluted in view of the judgment of the Supreme Court in the case of "Sarla Verma Vrs. Delhi Transport Corpn. & Ors."{2009(2)TAC 677(SC)}