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Judgment
The Claims Tribunal has dismissed the appellant’s petition for compensation under Section 163A of the Motor Vehicles Act which is under
challenge in this appeal.
On 7th May, 2012 at 02:30 AM, Ramji Prasad was driving vehicle No.HR-35H-2261 which met with an accident and resulted in fatal injuries to
Ramjit Prashad who was survived by his widow, two minor sons and parents. The claimants filed an application for compensation before Claims
Tribunal under Section 163A read with Section 167 of the Motor Vehicles Act and Section 4A of the Employees Compensation Act.
The Claims Tribunal dismissed the claim petition holding that the income of the deceased was more than Rs.40,000/- per month and, therefore, the
petition under Section 163A of the Motor Vehicle Act is not maintainable.
Learned counsel for the appellant urged at the time of hearing that the appellants are restricting their claim to compensation payable under the
Employees Compensation Act. It is submitted that appellants are entitled to compensation of Rs.8,47,160/- by taking half of the wages of Rs.8,000/-
per month and applying the factor of 211.79 as per age of the deceased i.e. 28 years. Reliance is placed on the judgment of this Court in National
Insurance Company Ltd. vs. Sharda Devi MAC. APP. 355/2007 decided on 01st March, 2016.
This Court is of the view that the appellants are entitled to compensation. The appeal is allowed and compensation of Rs.8,47,160/- (50% of the
wages of Rs.8,000 per month x 211.79) is awarded to appellants along with interest @ 9% p.a. from the date of institution i.e. 20th November, 2012.
The respondent No.2 is directed to deposit the compensation amount with the Registrar General of this Court within four weeks.
The appellants shall remain present in Court on the next date of hearing along with the passbooks of their savings bank accounts near the place of
their residence. The concerned bank of appellants is directed not to issue any cheque book or debit card to appellants and if the same have already
been issued, the bank is directed to cancel the same and make an endorsement on their passbooks to this effect. The appellants shall produce the copy
of this order to the concerned bank, whereupon the bank shall make an endorsement on the passbooks of appellants that no cheque book and/or debit
card shall be issued to appellants without the permission of this Court. However, the concerned bank shall permit appellants to withdraw money from
their savings bank account by means of a withdrawal form. The appellants shall produce the original passbooks of their individual savings bank
accounts with the necessary endorsement on the next date of hearing.
List on 14th September, 2018.
Copy of this judgment be given dasti to counsels for the parties under signature of Court Master.