The determination of just compensation under section 163A of the Motor Vehicles Act and the legality of directions for recovery of compensation influenced the court's decision.

R. Basant, J.

1. Claimants are the appellants. They are the mother aged 62 years and siblings of the deceased, a young man aged 23 years on the date of the accident, i.e. on 25th April, 2002. He succumbed to the injury suffered in that accident. Against a total claim of limited to Rs. 6 lakhs, Tribunal awarded an amount of Rs. 1.5 lakhs as compensation as per the details given in paragraph 9 of the impugned award which we extract below.

Sl.No.	Head of claim	Amount claimed (in rupees)	Amount awarded (in rupees)
1	Transportation and ambulance expenses	Rs. 3500/-	3500/-
2	Damage to clothing	Rs. 500/-	Rs. 500/-
3	Pain and sufferings	Rs. 20000/-	Rs. 10000/-
4	Loss of dependency	Rs. 6,00,000/-	Rs. 1,26,000/-
5	Funeral expenses	Rs. 5000/-	Rs. 4000/-
6	Loss of estate, etc.	Rs. 75000/-	Rs. 5000/-
7	Extra nourishment	Rs. 2000/-	500/-
8	Bystander's expenses	Rs. 1000/-	Rs. 500/-
9	Total	Rs. 7,17,000/-	Rs. 1,50,000/-
		(limited to Rs. 6,00,000/- )

We have heard the Learned Counsel for the appellants and the Learned Counsel for the 3rd respondent Insurance Company. The 3rd respondent insurer has been directed to satisfy the award with the right to claim and return the amount from the second respondent/owner. Learned Counsel for the appellants assails the impugned award on two grounds.

2. First of all, it is contended that the quantum of compensation awarded is low. It cannot be said to be just compensation for the loss suffered. Secondly, Learned Counsel for the appellants contends that the direction given in favour of the Insurance Company to recover the amount from second respondent/owner is not legally sustainable in view of the dictum in New India Assurance Company Ltd. Vs. Balakrishnan and others,

3. The Learned Counsel for the appellants contends that even accepting the finding of the Tribunal that the monthly earnings of the deceased was Rs. 3,000/- p.m. the amount Rs. 1.5 lakhs awarded as compensation warrants interference because the amount awarded is perversely low. At any rate the amount awarded should not have been lesser than the amount payable u/s 163A of the Motor Vehicles Act.

4. In the light of this contention raised by the Learned Counsel for the appellants, we have attempted to ascertain the quantum of compensation that would be payable u/s 163-A accepting the findings rendered by the Tribunal. In that event the deceased would fall under horizontal entry No. 3 can relating to persons above 20 years but not exceeding 25 years. He would fall under vertical entry No. 12 relating to persons earning income above Rs. 24,000/- upto Rs. 36,000/- . At the point where relevant horizontal column and vertical column meet Rs. 6,48,000/- is prescribed as the compensation payable for fatal accident. Taking note of the mandate under Clause 1 of the Second Schedule 1/3 of the amount has to be deducted towards the personal expenses of the deceased. In addition to the amount of compensation payable under Clause 1 compensation for funeral expenses and loss of estate as prescribed under Clause 3 will also be payable.

5. In short, if the claim were reckoned as are u/s 163-A of the Motor Vehicles Act an amount of Rs. 4,36,500/- (Rupees Four lakhs thirty six thousand and five hundred only) will be payable as shown below.

1.	Compensation for fatal accident as per the table under Clause 1 of the Second Schedule (6,48,000/- x 2/3)	Rs. 4,32,000/-
2.	Funeral expenses u/s 3 (i)	Rs. 2,000/-
3.	Loss of estate under Clause 3 (iii)	Rs. 2,500/-
	Total	Rs. 4,36,500/-

      6. We are satisfied in these facts and circumstances of this case that at least the amount payable u/s 163-A can safely be fixed as the quantum of compensation payable to the claimants. The challenge of this ground can succee