IMPORTANT POINT
The amendment to Section 163A of the Motor Vehicles Act allows claimants to receive enhanced compensation for accidents occurring before the amendment date.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present appeal has been preferred by the claimants against the Judgment and Award passed on 29th November, 2012, by Member, Motor Accident Claims Tribunal and Additional District Judge, 2nd Court, Nadia in MAC Case No. 90 of 2010, under Section 163A of the Motor Vehicles Act, 1988.

2. FACTS :-

“On 30.01.2010 at about 7 a.m. while one Astam Das alias Faring, a mason by profession was coming down the road leading to Krishnanagar from Nabadwip, when he was dashed by a speeding lorry registered as W.B. 37A/0414 which was proceeding towards Krishnanagar from Nabadwip and as a result, Astam Das died on the spot. He was a bachelor and 26 years old young man who used to earn Rs. 40,000/- per annum. It is further contended that police was informed about the accident and Kotwali P.S. Case No. 60/10 dated 30.01.10 was registered. The claimant no.1 being the mother and claimant no.2 sister of the victim are the claimants.”

3. The owner of the offending vehicle did not contest the case while the O.P./Insurer contested the case by filling written objection denying all the material contentions made by the claimants. According to the O.P. /Insurer, the application is bad for mis-joinder and non-joinder of parties. It is mala fide and misconception. The O.P./Insurer denied that the offending vehicle No. W.B. 37A/0414 was at all involved in the alleged accident. According to the O.P./Insurer, the victim did not succumb to injuries caused by motor vehicle in use. The O.P./Insurer prayed for dismissal of the case.

4. The Claimant No.1 has examined herself as a witness. Relevant documents were proved and marked Exhibit 1 to 4.

5. The tribunal granted compensation as follows :-

“MAC Case No. 90 of 2010

Dated: 29th November 2012

The claimant no.1 while adducing evidence as P.W.1 has not been able to prove the income of the victim. Therefore, we can presume that the victim used to earn Rs. 3000/- per month. Since the victim was a bachelor, it should be held that 50% of his income he used to spend for himself and Rs. 50% of his income was the contribution towards his family which was lost. From exhibit-4, I find that the victim was 25 years old. Therefore, I take “17” as multiplier to compute the extent of compensation and the compensation comes to Rs. 3,06,000/- and in addition to that the claimant No.1 is entitled to Rs. 2500/- towards funeral expenses and Rs. 2000/- towards loss of estate. Thus, the total amount of compensation comes around to Rs. 3,10,500/-. As the vehicle involved with the accident was insured with the O.P./Insurer, the O.P./Insurer is under obligation to indemnify the owner.

Thus, the O.P./Insurer is liable to pay such compensation.

Sd/-

Member,

Motor Accident Claim Tribunal &

Addl. District Judge, 2nd Court, Nadia”

6. The present case is under Section 163A of the M.V. Act.

7. (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:-

“9. Sub-section (1) of Section 163-A of the 1988 Act ordains that notwithstanding anything contained therein or in any other law for the time being in force, upon proof of death in an accident involving the use of a motor vehicle, compensation is payable either by the owner of such vehicle or the authorized insurer thereof as indicated in the Second Schedule to the legal heirs of the victim. The Second Schedule appended to the 1988 Act, referring to Section 163-A thereof, provides the structured formula for determining compensation.

11. As it stands now, the Second Schedule after its amendment by the said notification prescribes lump-sum compensation in the following manner:

1. Fatal accidents - Rs. 5,00,000.00 is payable as compensation in case of death;

2. Accidents resulting in permanent disability - Rs. 5,00,000.00 x percentage of disability as per Schedule I of the Employee's Compensation Act, 1923 (8 of 1923), provided that the minimum compensation in case of permanent disability of any