MISCELLANEOUS APPEAL NO. 305 OF 2008 ******** Against the Judgment and Decree dated 2.4.2008 passed in claim case no. 25/03 by 1st Additional District Judge cum Motor Vehicles Accident Claim Tribunal Nalanda at Bihar Sharif. ****** 1. MANORMA DEVI W/O LATE RAM SAGAR PRASAD SINGH 2. MIRTUNJAY KUMAR S/O LATE RAM SAGAR PRASAD SINGH 3. NIHARIKA D/O LATE RAM SAGAR PRASAD SINGH 4. SONAL D/O LATE RAM SAGAR PRASAD SINGH ALL R/O VILLAGE- KEMRA, P.O.-DIHA, P.S.- ARIYARI, DISTRICT- SHEIKHPURA …………….. Applicants/ Appellants. Versus 1. DEVENDRA KUMAR SINGH S/O SRI MUTUKDHARI SINGH OWNER OF BUS NO.- BEW/9922 AT CHANDMARI ROAD PATNA 2. SURENDRA PRASAD S/O SRI RAMJEE SINGH DRIVER OF BUS NO.- BEW/19922, AT VILLAGE- KALHAR, P.S.- FATWAH, P.O.- FATWAH, DISTRICT- PATNA 3. THE BRANCH MANAGER UNITED INDIA INSURANCE CO.LTD RANCHI ROAD, PO-BIHAR SHARIF NALANDA ………………. Opposite Party Nos-1 to 3/ Respondents ************ For the Appellant : R.K. P. Singh For the Respondent No. 1 : Sandeep Kumar & Mukesh For the Respondent No. 3 : Prakash Kumar & Seema P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant is aggrieved with the Judgment and Decree dated 2.4.2008 passed by 1st Additional District Judge cum Motor Vehicles Accident Claim Tribunal Nalanda at Bihar Sharif, by which compensation to the tune of Rs. 2, 26,500/- has been ordered with interest at the rate of 6% from the date of filing of the claim petition for the death of husband of the appellant no.1. 2. The appellants are aggrieved with a quantum of compensation allowed and the counsel argues that since it was an application under Section 166 of Motor Vehicles, Act and the fault had already been ascribed to the owner who was to be indemnified by the insurance company, the quantum should not have been decided as per the schedule which is provided for instances of accident specified in Section 163-A of the Motor Vehicles, Act. The learned counsel for the respondents feebly argues defending the judgment. 3. It is undoubtedly correct that the application had been filed under Section 166 of the Motor Vehicles, Act and, therefore, the compensation should not be computed as per the schedule given in the Act, which is prescribed for cases under Section 163-A of the Motor Vehicles, Act. 4. Under the circumstances the appellants are liable to receive compensation calculated on the net salary of the deceased i.e. 6,813/- which would amount to Rs. 5,99,544/- 5. In view of such, the application is allowed with the aforesaid modification in quantum of compensation at the same rate of interest as awarded by the Tribunal. With these observations the appeal is allowed. 6. The interim compensation of Rs. 50,000/- shall be deducted in the final compensation amount. The Lower Court record be also returned to the court concerned immediately. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 28th February, 2011 NAFR/ Fahad.