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The awarded amount has to be assessed based on the annual dependency of Rs. 2,000/- per month for the claimants of the deceased and a multiplier of ’17 has to be applied: Uttarakhand High Court

The awarded amount has to be assessed based on the annual dependency of Rs. 2,000/- per month for the claimants of the deceased and a multiplier of ’17 has to be applied is upheld by the Uttarakhand High Court in the case of Mangat Singh And Another v. Sh. Amit Terathwal And Others (Appeal from Order No. 108 of 2012) through Hon’ble Justice Sharad Kumar Sharma.

FACTS OF THE CASE

The claimant in this case referred to the provision of Section 163A of the Motor Vehicles Act, 1988 in the claim petition. Section 163A covers the calculation of compensation using a structured formula as described in the Second Schedule.

The claimants in the current appeal against order prayed that the impugned award, which had been made by the learned Motor Accident Claims Tribunal and in which only a partial award had been made in their favour to the amount of Rs. 2,22,000/- along with 9 percent interest, payable on it, which had been directed to be made payable to them from the date of presentation of the application, may be increased to the amount, which was claimed by the claimants.

JUDGEMENT

The attorney for the appellant had cited the judgement of Sarla Verma v. Delhi Transport Corporation, which in fact dealt with the principles in the context of Section 166 of the Motor Vehicles Act, where the determined compensation is not based on a statutorily formula that could be adopted as contemplated under Schedule 2 of the Act, but is only attracted in the claim petition that has been submitted under Section 163A of the Motor Vehicles Act, and thus the determination is made in accordance with that claim petition.

The awarded amount has therefore had to be assessed based on the annual dependency of Rs. 2,000/- per month for the claimants of the deceased and a multiplier of ’17, has to be applied based on the principles of Sharla Verma’s judgement, as well as, as per Schedule 2 of the Motor Vehicles Act.

As a result, the Court contested award is only partially adjusted to the degree that the multiplier is applicable and is increased to be awarded from “11” to “17”. After calculating the multiplier of “17,” the knowledgeable Motor Accidents Claims Tribunal is mandated to update and modify the award and evaluate if the compensation is adequate.

The Appeal from Order, thus, only partially succeeded to that degree.

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JUDGEMENT REVIEWED BY NISHTHA GARHWAL

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