Back
IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL), J.
Smt. Sabera Khatun – Appellant
Versus
The Oriental Insurance Company Ltd. & Anr. – Respondents
FMA 711 of 2013
Decided On : 21-08-2024
Motor Vehicles - Motor Vehicles Act, 1988 - Sections 163A - The court interpreted Section 163A of the Motor Vehicles Act, emphasizing the structured formula for compensation in fatal accidents, leading to a revised compensation amount for the claimant.
Fact of the Case:
The victim, a pillion rider, died in a road accident involving a truck. The claimant sought compensation under the Motor Vehicles Act, but the insurance company contested the claim, arguing contributory negligence and lack of evidence regarding the victim's earnings.
Finding of the Court:
The court found that the tribunal's decision on joint liability was incorrect and determined that the claimant was entitled to compensation under the new schedule of the Motor Vehicles Act, despite the accident occurring before the amendment.
Issues: Whether the amended provisions of Section 163A of the Motor Vehicles Act apply to accidents that occurred prior to the amendment date.
Ratio Decidendi: The court held that the new schedule for compensation under Section 163A applies to pending claims, ensuring that claimants benefit from legislative changes that enhance their rights.
Result: The appeal is allowed, and the claimant is entitled to an additional compensation of Rs. 3,85,500.00.
JUDGMENT :
(Shampa Dutt (Paul), J.) :
1. The present appeal has been preferred by the claimant against the judgment and award dated 16.03.2012, passed by Judge, Motor Accident Claims Tribunal, 2nd Court, Siliguri in MAC Case No. 9 of 2008, under Section 163A of the Motor Vehicles Act, 1988.
2. Facts :-
3. O.P.No.2/Oriental Insurance Co. Ltd. contested the case by filing W/O contending inter alia that case is not maintainable, having no cause of action, bad for non-joinder of necessary parties. O.P. disputed Para Nos. 8, 9, 11, 12 and 14 of the claim petition and demanded strict proof of all those. This O.P. demanded production of route permit, tax token, fitness certificate, D/L registration certificate and other particulars of the vehicles and stated that claim petition has been brought for illegal gain. It was stated that victim should be held liable for her own laches, fault and contributory negligence. O.P. denies Para Nos. 3, 4, 6, 22 of the claim petition stating clearly that victim had no earning as stated of Rs.3,000/- p.m. and was not a tailor. O.P. denies that the accident took place due to reckless, careless and high speed driving of the vehicle. O.P. craves leave of this tribunal to seek and avail of all defences, legal right and protection u/Sec.147, 149, 170 of M.V. Act. This O.P. denied, about alleged accident, death of victim, her age, earnings, if any and in view of above others prays for dismissal of the claim petition.
4. O.P. No. 1/owner in this case did not appear but he sent written objection by post mentioning facts that on the material date and time his truck was under insurance coverage.
5. The claimant examined two witnesses and relevant documents were proved and marked exhibit 1 to 13.
6. The opposite parties did not adduce any evidence.
7. The Tribunal finally held as follows :-
| “MAC Case No. 9 of 2008 Dated: 16th March, 2012 …………… About amount of compensation, I have considered age and earnings if any of deceased. From Ext.4 I do find that death of victim in which he was born 15.9.89. That being so, said victim on 31.10.07 was about 18 years of age. About earning no such cogent documents came-up before me. I remember that Ld. lawyer for the petitioner tried her level best to convince this Tribunal that deceased was a Tailor and she had earnings worth Rs 3,000/-P.M. After investing sound judicial mind to the submission for the Ld. lawyer of the petitioner, I cannot at-one with her. Possession of a tailoring certificate (Not professional one) cannot be said that the holder of certificate is a Tailor. In the circumstance notional income of the victim can only be considered. Choosing -16 as multiplier amount of compensation comes to Rs. 1,60,000/-. In apart from that amount, I am inclined to add Rs. 4,500/- for funeral expenses and for loss of estate and thus amount of compensation comes to Rs. 1,64,500/-. About responsibility of payment of compensation it is my view that both the motor cycle bearing No.BR-37/9622 and Truck bearing No.MP-06/HC-0867 are jointly & severally liable for payment of compensation. Here, in this trial Motor Cycle not made party. What I want to say that neither owner nor insurer of Motor cycle made party here. It is clear that on the material date |
The amendment to Section 163A of the Motor Vehicles Act allows for enhanced compensation for fatal accidents, applicable to pending claims.
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.
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 applies to pending claims, ensuring claimants receive the benefits of the new compensation schedule.
The court affirmed that compensation under Section 163A is payable regardless of the vehicle's permit status, emphasizing the structured formula for calculating compensation.
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 amendment to Section 163A of the Motor Vehicles Act allows claimants to receive enhanced compensation for accidents occurring before the amendment date.
The amendment to Section 163A of the M.V. Act allows claimants to benefit from enhanced compensation structures, applicable to pending claims.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
