Compensation in motor accident cases should be computed in accordance with the Second Schedule to the Motor Vehicles Act. Family pension cannot be deducted while calculating the dependency of the claimants.

Indira Banerjee, J.

This appeal is against a judgment and order dated 30th August, 2011 passed by the Motor Accident Case Tribunal, Additional District and Sessions Judge, 5th Fast Track Court, Malda, in MACC No. 227 of 2010 being an application for compensation filed by the appellant claimants under Section 166 of the Motor Vehicles Act, 1988 on account of the death of one Md. Majibur Rahaman in an accident caused by a truck No. WB73A-4580, owned by one Mamtaj Sk., the respondent No. 2 and covered by a policy of insurance issued by the Reliance General Insurance Company Ltd., hereinafter referred to as the insurer.

2. By the judgment and award under appeal, the learned Tribunal awarded the claimants compensation of Rs. 6 lakhs along with interest at the rate of 8 percent per annum from the date of filing of the claim application on 9th August, 2010 till satisfaction of the awarded amount, as against Rs. 20 lakhs claimed by the appellant claimants along with interest at the rate of 12 percent per annum.

3. It appears that on 13th July, 2010, at about 9:30 A.M., Md. Majibur Rahaman, the victim of the accident, was proceeding towards Budhia Madrasa on his motor cycle, when his motor cycle was hit by the offending truck which was coming from the opposite direction. According to the appellant claimants, the accident took place due to rash driving and negligence on the part of the driver of the truck.

4. The insurer filed a written objection contesting the claim. In the written objection it was denied that any accident as alleged had taken place. It was denied that the truck was involved in any accident. The insurer claimed that there was no negligence on the part of the driver of the truck.

5. The learned Tribunal on consideration of the evidence, found that the deceased victim was killed in an accident caused by the truck. The learned Tribunal also found that the accident took place due to negligence and rash driving on the part of the driver of the offending truck.

6. In course of proceeding in the learned Tribunal, it was proved that the deceased victim was, before his death, a teacher of Batna J.M.O. Senior Madrasa, his last take home salary being Rs. 25,514.50. From the driving licence of the deceased victim the learned Tribunal found that the date of birth of the deceased victim was 12th December, 1952. The learned Tribunal considering the take home salary of the deceased victim and his age at the time of his death, awarded to the appellant claimants lump sum compensation of Rs. 6 lakhs along with interest at the rate of 8 percent per annum, from the date of filing of the claim case, that is 9th August, 2010, till satisfaction of the awarded amount.

7. Learned counsel appearing on behalf of the appellant claimants submitted that the learned Tribunal erred in law in awarding the appellant claimants lump sum compensation of Rs. 6 lakhs. The learned Tribunal has not given the break up of the compensation of Rs. 6 lakhs.

8. Section 163A of The Motor Vehicles Act 1988 provides as follows:-

"163A. 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.

Explanation. - For the purposes of this sub-section, "permanent disability" shall have the same meaning and extent as in the Workmen's Compensation Act, 1923 (8 of 1923).

(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