Pratap Kumar Ray, J. - (1.) Leave is granted to the appellant to take the point that the brother and sister of the victim since are not the legal heir due to existence of mother of victim as sole legal heir, accordingly, insurance company had no liability to pay the compensation to them.
(2.) Heard the learned advocates appearing for the parties.
(3.) A short question involved in this appeal as to whether in the application under section 163-A of the Motor Vehicles Act, the brother and sister of the victim guided as per Hindu Succession Act, 1956, could be entitled to be the claimants due to existence of sole legal heir mother of victim, in view of the statutory provision as stipulated under section 163-A of the said Act that the claim application should be filed by the 'legal heirs' of the victim and further on the point as to whether the learned Tribunal below was wrong to identify the multiplier to quantify compensation amount on the basis of the age of the victim. The answer of the aforesaid two questions as raised by the learned advocate for the appellant could be given on mere interpretation of the statute namely, section 163-A which reads to this effect: "J63-A. Special provisions as to payment of compensation on structured formula basis. - (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs or the victim, as the case may be. (2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person. (3) The Central Government may, keeping in view the cost of living by notification in the Official Gazette, from time to time amend the Second Schedule.";