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Judgment
R.K.Gauba, J
The accident claim case (Petition No. 490/09), instituted on 10.10.2006, by the first respondent (the claimant) before the Motor Accident Claims
Tribunal was decided by judgment dated 28.07.2012 whereby compensation in the total sum of Rs.6,01,400/- was awarded, the liability having been
fastened on the appellant (insurer), it having issued an insurance policy covering the third party risk in respect of the vehicle in question bearing
registration No. DL-1LF-4347.
The claim case was filed under Section 163-A of Motor Vehicles Act, 1988 for injuries sustained and the permanent disability consequently
suffered. The Tribunal awarded the aforesaid amount of compensation, it being inclusive of Rs.1,00,000/- each under the heads of pain and sufferings
and loss of amenities and disfigurement. The appeal by the insurance is pressed only to take exception to such general damages included in the award.
The appeal was put in the list of “Regulars†by order dated 10.02.2016 to come up on its own turn. When it is called out for hearing, there is no
appearance on behalf of the claimant.
Since the claim was under Section 163-A of the Motor Vehicles Act, 1988, the general damages will have to be restricted to the legislative
prescription as given in the Second Schedule appended to Motor Vehicles Act, 1988. Thus, the amount of general damages is reduced to Rs.6,000/-
only. Therefore, the total compensation in the case comes to (4,01,400 + 6,000) Rs.4,07,400/- rounded off to Rs.4,08,000/- (Rupees Four Lakhs and
Eight Thousand Only). Needless to add, it shall carry interest as levied by the Tribunal.
By order dated 07.11.2012, the insurance company had been directed to deposit Rs.4,00,000/- along with proportionate interest with the Tribunal. In
terms of the said order and the subsequent directions by orders dated 13.12.2013 a total sum of Rs. 2 Lacs out of the said deposited amount was
directed to be released to the claimant. Subsequently, by order dated 10.02.2016, the insurer was directed to deposit the balance amount with the
tribunal within 30 days and 50% out of the entire deposited amount along with proportionate accrued interest was directed to be released to the
claimant after adjusting the amount of Rs. 2 Lacs which had earlier been released. The Tribunal will calculate the balance now payable to the
claimant under the modified award and release the same from balance lying in deposit along with corresponding interest. The excess in deposit,
however, if any, shall be refunded. If there is any deficiency, the insurance company will make it good by requisite deposit with the Tribunal within 30
days making it available to be released to the claimant.
The statutory amount shall be refunded to the insurance company.
The appeal stands disposed of.