IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:
03. d November, 2016 $~2 * % + MAC. APP. 733/2015 ANARKALI Through: Mr. Anshuman Bal, Advocate ........ Petitioner
Versus ICICI LOMBARD GEN INS CO LTD & ANR ..... Respondent Through: Mr. Garud M.V., Advocate for respondent No.1 CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.2,73,375/- has been awarded to the appellant. On 09th September, 2011, Amit Dubey was travelling as a 2. pillion rider on motorcycle No.DL-1SU-1571 being driven and owned by respondent No.1. The motorcycle met with an accident on G.T. Road near Shashtri Park resulting in the death of Amit Dubey. The deceased was aged 27 years at the time of the accident and was in private service and was earning Rs.40,000/- per annum. The deceased was survived by his mother who filed the claim petition under Section 163A of the Motor Vehicles Act. took the income of the deceased as 3. Rs.40,000/- per annum, deducted one-half towards his personal expenses and applied the multiplier of 18 to compute the loss of The Claims Tribunal MAC. APP. 733/2015 Page 1 of 1 dependency at Rs.3,60,000/-. The Claims Tribunal awarded funeral expenses of Rs.2,000/- and loss of estate of Rs.2,500/-. The Claims Tribunal deducted 25% as contributory negligence and awarded Rs.2,73,375/- to the appellant. Learned counsel for the appellant urged at the time of hearing 4. that the Claims Tribunal erred in deducting 25% towards contributory negligence. It is submitted that the compensation under Section 163A of the Motor Vehicles Act is awarded on the basis of no fault liability and, therefore, the Claims Tribunal was not required to go into the aspect of contributory negligence. The next submission made by learned counsel for the appellant is that as per the Second Schedule of the Motor Vehicles Act, one-third of the personal expenses of the deceased have to be deducted. the 5. for compensation awarded by the Claims Tribunal is just, fair and reasonable. Learned counsel submits that the Claims Tribunal has rightly deducted 25% towards contributory negligence as three persons were travelling on the motorcycle.
6. There is merit in the contention urged by learned counsel for the appellant. Section 163A of the Motor Vehicles Act is based on no fault liability and, therefore, the Claims Tribunal erred in deducting 25% towards contributory negligence of the deceased. The deduction of 25% towards the contributory negligence of the deceased is set aside.
7. With respect to the deduction towards personal expenses, the structured formula in the Second Schedule of the Motor Vehicles Act respondent No.1 submitted that Learned counsel MAC. APP. 733/2015 Page 2 of 2 clearly provides for one-third deduction and, therefore, the deduction towards personal expenses are reduced from one-half to one-third. The appeal is allowed and the award amount is enhanced from 8. Rs.2,73,375/- to Rs.4,84,500/- along with interest @ 9% per annum from the date of filing of the claim petition i.e. 28th September, 2011.
9. The respondent No.1 is directed to deposit the enhanced award amount with UCO Bank, Delhi High Court Branch by means of a cheque drawn in the name of UCO Bank A/c Anarkali within four weeks.
10. Upon the aforesaid deposit being made, UCO Bank shall keep the said amount in fixed deposit in its own name till further order by this Court so that the amount starts earning interest from the date of the clearance of the cheque.
11. The disbursement order with respect to the enhanced award amount shall be passed in the presence of the appellant, who shall remain present on the next date of hearing.
12. 13. Copy of this judgment be given dasti to counsels for the parties under signatures of the Court Master. List for direction on 20th December, 2016. NOVEMBER03 2016 rsk J.R. MIDHA, J.
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