CHANDRA MOHANTA & FOUR ORS. Vs. MAKARDHAWAJ SINGH & ANR.

JUDGEMENT

(1.) THIS Misc. Appeal is filed by the parents of the claimants being aggrieved by the award dated 20.2.2007 passed by the First Motor Accident Claims Tribunal, Keonjhar in M.A.C. Case No.290 of 2004 in awarding compensation of Rs.40,5000/ - to be paid by the Insurance Company within forty five days, failing which the same will carry interest @ 9% per annum from the date of application till realization. The same is challenged by the parents seeking for enhancement of the compensation urging various other legal facts.

(2.) THE main ground of attack of the award is that the Tribunal while quantifying the amount taken into account the age of the father of the deceased as 63 years and taking the income of Rs.1000/ - per month awarded compensation of Rs.40,500/ - is on the lower side and the same is contrary to the legal evidence on record the statutory provisions of Section of the Motor Vehicles Act and law on the question of awarding just and reasonable compensation. Since P.W.1 has stated in his evidence that at the time of the death of his son, he was earning Rs.3000/ - per month and that should have been taken into consideration by the Tribunal Section of Motor Vehicles Act contains a special provision as to payment of compensation on structured formula basis as indicated in the Second Schedule to the Act. The Second Schedule contains a Table prescribing the compensation of Rs.40,000/ - per annum to be awarded with reference to the age and income of the deceased. After deducting 25% towards personal expenses, the age of the mother should have taken for the purpose of computation multiplying the lower age of the parent, namely, the mother of the deceased. Undisputedly, the age of the mother was 60 years. Therefore, the compensation awarded having answered the issue nos.1 to 3 in favour of the appellants is not represented to be a just and reasonable compensation. Therefore, learned counsel for the appellants requested this Court to award just and reasonable compensation by allowing this appeal.

(3.) WITH reference to the rival legal contentions, the following points arose for my consideration.