IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 205 of 2010
...
1. Gul Mohammad
2. Gul Badan Khatoon ... ... Appellants
V e r s u s
1. Reliance General Insurance Company Limited., Bokaro Steel City
2. Bijay Prasad Bhagat
3. Sikandar Singh ... ... Respondents
...
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR.
...
For the Appellants : Mr. Manoj Kumar Sah, Advocate.
For the Respondents:
...
03/03.05.2011
This appeal is for enhancement of compensation awarded by District
JudgecumM.A.C.T., Godda in M.A.C.T. No. 54 of 2008.
It appears that an application filed by Claimants under Section 163
A of the Motor Vehicles Act and after considering the evidences and other
materials available on record, the learned Tribunal awarded compensation
amount as per ScheduleII of the Motor Vehicles Act.
It is submitted by Sri Manoj Kumar Sah, learned counsel for the
appellants that the learned court below had taken into account that the
notional income of the deceased was Rs. 15,000/ per annum and he has
also applied a multiplier of 15 as per ScheduleII, but he deducted 1/3 rd
amount of aforesaid notional income towards maintenance of deceased,
which is illegal.
In my view the aforesaid submission of Sri Manoj Kumar Sah is
misconceived and against the Second Schedule of Motor Vehicles Act,
1988.
In the foot note of Second Schedule, it is clearly mentioned that
“The amount of compensation so arrived at in the case of fatal
accident claims shall be reduced by 1/3rd in consideration of the
expenses which the victim would have incurred towards
maintaining himself had he been alive.”
Thus, the finding of the learned Tribunal is in consonance with the
aforesaid provision mentioned in the Schedule.
In the said circumstance, I find no illegality in the said order.
Accordingly, I find no merit in this appeal and the same is dismissed.
(Prashant Kumar, J.)
sunil/