$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11th October, 2012
+ MAC.APP. 1077/2012
MOTI KALA & ANR. ..... Appellants
Through Mr.Manish Maini, Advocate
versus
YOGENDER & ORS. ..... Respondents
Through Mr.Pankaj Seth, Advocate, Advocate for
the Respondent No.3 Insurance
Company.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is for enhancement of compensation of `3,00,900/- which was awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in MACT Suit No.62/2010 passed in a Claim Petition preferred under Section 163-A of the Motor Vehicles Act, 1988(the Act).
2. The only ground of challenge is that in a Petition under Section 163-A of the Act, the multiplier has to be applied as per the age of the deceased and not as per the age of the Claimant.
3. The case is covered by a judgment of this Court in New India Assurance Co. Ltd. v. Pitamber & Ors., (MAC.APP.304/2009) decided on MAC APP 1077/2012 Page 1 of 3 23.01.2012. This Court referred to the decision in Oriental Insurance Company Limited v. Smt. Pataso & Ors., MAC APP.962/2005 decided on 01.09.2008; Oriental Insurance Company Limited v. Om Prakash & Ors., 1 (2009) ACC 148; Jagdish & Anr. v. Madhav Raj Mishra and Anr. MAC APP.190/2011 decided on 19.04.2011; and Oriental Insurance Company Limited v. Anita Devi & Ors., 20011 (5) AD (Delhi) 138, decided on 10.05.2011; Oriental Insurance Company v. Hansrajbhai v. Kodala, (2001) 5 SCC 175; and Deepal Girishbhai Soni v. United India Insurance Company Limited, (2004) 5 SCC 385; and held that in a Petition under Section 163-A of the Act there is a cap of `40,000/- on the annual income and the compensation including non-pecuniary damages have to be awarded as per the Second Schedule.
4. In view of the above, the loss of dependency comes to `4,53,333/-
(`40,000/- x 2/3 x 17).
5. The compensation awarded towards loss to estate and future expenses is not in consistence with the Second Schedule. The Appellants are entitled to a sum of `2,000/- towards personal and living expenses and `2,500/- towards loss to estate.
6. The overall compensation thus comes to `4,57,833/-.
7. The enhanced compensation of `1,56,933/- shall carry interest @ 9% per annum from the date of the filing of the Petition till its payment. The enhanced compensation shall be released/held in a nationalized bank in terms of orders of the Claims Tribunal.
MAC APP 1077/2012 Page 2 of 38. The Respondent No.3 National Insurance Company Ltd. is directed to deposit the enhanced amount of `1,56,933/- along with interest with the Claims Tribunal within six weeks.
9. The Appeal is allowed in above terms.
10. Pending Applications stand disposed of.
(G.P. MITTAL) JUDGE OCTOBER 11, 2012 pst MAC APP 1077/2012 Page 3 of 3