SHRIRAM GENERAL INSURANCE COMPANY LIMITED Vs. DILU RAI

JUDGEMENT

(1.) Heard Learned Counsel for the parties and also perused the records. The Respondent Nos.1 to 5 herein, Claimants before the Learned Motor Accidents Claims Tribunal filed a Claim Petition under Sec. 163A of the Motor Vehicles Act, 1988 seeking compensation on account of the death of Roshan Rai, husband of Respondent No.1, son of Respondent No.4, brother of Respondent No.5 and father of minor Respondents No.2 and 3 in a Motor vehicle accident at Changey, near Phongla, Bermiok Road, South Sikkim on 21/5/2016.

(2.) Vide the impugned Judgment, dtd. 27/4/2018, of the Learned Motor Accidents Claims Tribunal, in MACT Case No.05 of 2017 (Smt. Dilu Rai and Others vs. The Branch Manager, Shriram General Insurance Company Limited and Another), a total compensation of Rs.10,16,860.00 (Rupees ten lakhs, sixteen thousand, eight hundred and sixty) only, was granted to the Respondents No.1 to 5 as follows;

(3.) In terms of the Judgment of the Division Bench of this Court dtd. 4/4/2022 on reference by Single Judge of this Court, in The Branch Manager, Shriram General Insurance Company Limited vs. Smt. Dilu Rai and Others, wherein it was inter alia held that in a Claim Petition under Sec. 163A of the Motor Vehicles Act, 1988, Future prospects or any other additional non-pecuniary heads find no place, and compensation under this Sec. is to be strictly computed on the structured formula provided in the Second Schedule to the Act, the compensation computed in the impugned Judgment of the Motor Accidents Claims Tribunal stands duly modified. 40% added as Future prospects to the income of the deceased by the Learned Motor Accidents Claims Tribunal stands set aside as also compensation of Rs.2,50,000.00 (Rupees two lakhs and fifty thousand) only, for Loss of love and affection and Litigation costs of Rs.25,000.00 (Rupees twenty five thousand) only. Hence, the compensation is modified as follows;