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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL), J.
Janu Dafader & Ors. – Appellant
Versus
The New India Assurance Co. Ltd. & Anr. – Respondents
FMA No. 2843 of 2015 (FMAT 125 of 2015)
Decided on : 08-08-2024
Motor Vehicles - Compensation - Section 163A of the Motor Vehicles Act, 1988 - The court interpreted the provisions of Section 163A, emphasizing the entitlement to compensation for death in motor vehicle accidents, and applied the new schedule for determining compensation.
Fact of the Case:
The claim appeal was filed against a tribunal's award for compensation following a fatal accident involving a tractor. The victim died, and the claimants sought compensation under the Motor Vehicles Act.
Finding of the Court:
The court found that the insurance policy was valid at the time of the accident, and the claimants were entitled to compensation under the new schedule of the Motor Vehicles Act, despite the tribunal's earlier award being based on the old schedule.
Issues: Whether the new schedule for compensation under Section 163A of the Motor Vehicles Act applies to claims arising from accidents that occurred before the amendment date.
Ratio Decidendi: The court held that the new schedule should apply to pending claims, ensuring that claimants benefit from legislative changes that enhance compensation.
Result: The claimants are entitled to Rs. 5,00,000 as compensation under Section 163A of the Motor Vehicles Act.
JUDGMENT :
Shampa Dutt (Paul), J.:
1. The present claim appeal has been preferred against the Judgment and Award passed on 2nd August, 2014 by Motor Accident Claims Tribunal, 3rd Court, Nadia, Krishnanagar, in M.A.C. Case No. 511 of 2008, under Section 163A of the Motor Vehicles Act, 1988.
2. Facts :-
3. The claimants examined two witnesses and proved some documents. The O.P./Insurance Company did not examine any witness.
4. The learned Tribunal held as follows :-
| “M.A.C. Case No. 511 of 2008 Dated: 02.08.2014 The certified copy of the Insurance Policy (Exbt.3) shows that the offending vehicle was insured with the O.P./Insurance Company at the time of the incident. The certified copy of the postmortem report (Exbt.6) shows the death of the victim and the age of the victim as 50 years. As per the claim petition, the victim was 48 years old at the time of the incident. The claimants have not produced and proved any document on record to show that the victim used to earn Rs.3,000/- per month as earthen pot maker at the time of the incident and accordingly I hold Rs.15,000/- per year as the notional income of the victim and by deducting 1/3rd of the said amount towards the personal expenses of the victim, the annual income of the victim comes to Rs.10,000/- and by applying the multiplier of 13, the compensation amount comes to Rs.1,30,000/-. In addition, the claimants are entitled to get Rs.2,000/- as funeral expenses, Rs.2,500/- as loss of estate and the claimant No. 1, being the wife of the victim, will get Rs.5,000/- as loss of consortium. In all, the claimants are entitled to get Rs.1,39,500/- as compensation from the O.P./owner. So considering the entire materials on record, I hold that the case is maintainable in its present form and law and the claimants have cause of action to file this case and they are entitled to get Rs.1,39,500/- from the O.P./owner. Sd/- Judge, M.A.C. Tribunal 3rd Court, Krishnanagar, Nadia, Motor Accident Claim” |
5. From the materials and evidence on record, it appears that :-
ii) The Certified Copy of the Postmortem report (Exbt.6) shows the death of the victim and the age of the victim as 50 years. As per the claim petition, the victim was 48 years old at the time of the incident.
iii) From the charge sheet (Exbt. 5) it appears that victim was travelling in the „tractor? and was thus a gratuitous passenger.
6. (a) In Urmila Halder Vs. New India Assurance Co. Ltd. & Ors., in F.M.A. 446 of 2010, decided on 9th August, 2018, the Calcutta High Court held:-
The amendment to Section 163A of the Motor Vehicles Act allows for enhanced compensation for claims pending as of the amendment date, reflecting the law's intent to benefit claimants.
The court established that compensation under Section 163A of the Motor Vehicles Act applies even when the victim is a gratuitous passenger, emphasizing the structured formula for calculating compens....
The amendment to Section 163A of the Motor Vehicles Act applies to pending claims, ensuring claimants receive the benefits of the new compensation schedule.
The amendment to Section 163A of the Motor Vehicles Act, 1988, applies to pending claims, allowing claimants to receive enhanced compensation based on the new structured formula.
The amendment to Section 163A of the Motor Vehicles Act allows claimants to receive enhanced compensation for accidents occurring before the amendment date.
The court affirmed that compensation under Section 163A is payable regardless of the vehicle's permit status, emphasizing the structured formula for calculating compensation.
Compensation under Section 163A of the M.V. Act does not require proof of negligence, and structured compensation formulas must be applied to ensure fair awards to claimants.
The amendment to Section 163A of the Motor Vehicles Act allows for enhanced compensation for fatal accidents, applicable to pending claims.
Compensation under Section 163A of the Motor Vehicles Act is payable upon proof of death in an accident, regardless of the absence of a specific police case.
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