IMPORTANT POINT
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.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present appeal has been preferred by the claimant against the judgment and award dated 3rd December, 2014, passed by the learned Motor Accident Claims Tribunal, Durgapur, in MAC Case No. 38 of 2011, under Section 163A of the Motor Vehicles Act, 1988.

2. Facts :-

“On 16.11.2010 at about 10 p.m. in the night Ram Ruidas was returning his home from Kirti Ceramics after completion of his days work through mud road besides Trilokchandrapur- Debsala Road. Suddenly, near a factory gate, one motor cycle bearing no. WB-40R-3902 coming with a high speed dashed him from behind and as a result thereof Ram Ruidas fall on the road and immediately after the accident, local people shifted him to S.D. Hospital, Durgapur and thereafter, on 17.11.2010, he was referred to Burdwan Medical College & Hospital and as per advice of doctor he was transferred to S.S.K.M. Hospital, Kolkata where he died on 21.11.2010 at p.m.

A police case was registered at Kanksa P.S. being no. 176/10 dated 24.11.2010 u/s 279/304A of I.P.C. and the post mortem was held at S.S.K.M. Hospital dated 23.11.2010. It is also stated that due to sudden death of Ram Ruidas, his family members sustained lost of dependency and financial crisis and he was the only earning member of his family. It is also stated that deceased was a labourer at Kirti Ceramics and the concerned offending motor cycle was under insurance coverage under policy no. 313490/31/2010/1305 which was valid from 23.2.2010 to 22.2.2011. Income of the deceased was considered at Rs.3300/- per month and claim was made in the tune of Rs.4,31,900/-.”

3. Oriental Insurance Co. Ltd/ O.P. No. 2, filed written statement denying, inter alia, all the statements made in the petition for compensation u/s 163(A) of M.V. Act. O.P. No.2 has stated that the claim is made an excessive and without reasonable basis and O.P. no.2 strictly challenged the cause of death by the vehicle covered by insurance policy. Insurance company also raised dispute about the insurance coverage of the Bajaj motor cycle as the vehicle number is not mentioned in the insurance policy. Finally insurance company has prayed for dismissal of the claim.

4. Owner of the offending vehicle filed a separate written statement denying the claim of the petitioner and it is his specific plea that at the time of alleged accident on 16.12.2010, the motor cycle being no. WB-40R-3902 was duly insured with the Oriental Insurance Co. Ltd. through its policy no. 313490/31/2010/1305 valid from 23.2.2010 to 22.2.2011. According to the owner if the petitioner is entitled to get any compensation that is to be paid by the O.P. no.2 i.e. insurance company.

5. The claimant examined one witness and proved relevant documents marked Exhibits 1 to 5.

6. The Tribunal finally held as follows :-

“MAC Case No. 38 of 2011

Dated: 3rd December, 2014

…………… Petitioner could not able to prove the income of deceased by any cogent evidence. So, notional income of Rs. 3000/- p.m. is considered in favour of the deceased out of which one-third is to be deducted from his personal income and loss of dependency would be of Rs. 3000 - Rs. 1000 = Rs.2000/- per month i.e. Rs.24,000/- p.a.

The claimant mother is aged about 60 years as appears from her voter identity card. Although age of the deceased is shown as 18 years. For the purpose of computation here in this case the age of the dependent mother would come into consideration. That being the position multiplier would be 5 in this case.

In that event, compensation would be Rs. 24,000/- X 5 = Rs.1,20,000/-. In addition to that petitioners are also entitled to get of Rs.5000/- on account of funeral expenses Totaling Rs. 1,20,000/- + Rs.5000/- =Rs. 1,25,000/-. Petitioners are also entitled to get interest @ 7% p.a. upon the awarded compensation amount from the date of filing of the claim till realization of the entire awarded amount…………

Sd/-

Judge,

MAC Tribunal

Durgapur”

7. From the materials and evidence on record, it appears that:-

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