MACApp. 18/2010 BEFORE THE HON’BLE MRS. JUSTICE ANIMA HAZARIKA (ORAL) Heard Mr. S Dutta, learned counsel appearing for the appellant. Also hea rd Mr. D Mozumdar, learned counsel appearing on behalf of respondent No.1, claim ant. None appeared on behalf of respondent No.2 despite service of notice. 2. In the instant appeal, the Oriental Insurance Company Ltd. as appellant has challenged the award dated 31.07.2009 passed in MAC Case No.163/2006 by the learned Member, Motor Accident Claims Tribunal (’MAC Tribunal’ for short) and Ad ditional District and Sessions Judge (FTC), Sankardev Nagar at Hojai. 3. The brief facts of the case is that on 02.04.2002 at about 11 A.M., whil e the deceased was waiting for a bus in order to travel towards Bakalia PWD Offi ce to receive his monthly salary, a passenger Bus bearing registration No.AS-25- A-6553, stopped near Samaguri Chariali and when the deceased tried to get inside the said bus, suddenly the driver without prior signal drove the vehicle in spe ed and the deceased husband of the claimant slipped off from the foot rest of th e bus. As a result, he fell down under the bus and sustained grievous injury on his person and died on the spot. As per the claimant, i.e. the wife of deceased, the age of the deceased was about 52 years at the time of the accident and he w as a muster roll worker of the PWD office at Bokolia, receiving Rs.2,000/- as sa lary per month. 4. On receipt of notice from the MAC Tribunal, the appellant Insurance Comp any entered appearance and filed the written statement denying its liabilities. However, the owner of the bus did not contest the case. The Insurance Company, i n view of not contesting the proceeding by the owner, has obtained permission un der Section 170 of the Motor Vehicle Act, 1988 (’the Act’ for short). 5. The learned Tribunal, after hearing the learned counsel appearing for th e parties and upon perusal of the materials available on record, vide judgment a nd order dated 31.07.2009 disposed of the MAC Case by awarding a sum of Rs.2,79, 000/- to the claimant as compensation, directing the same to be paid within a pe riod of 60 days from the date of passing of the award, making it clear that fail ing to make payment of the said amount of compensation within the stipulated per iod of 60 days an interest @ 8.5% shall be calculated on account of compensation until payment. 6. Being aggrieved with the aforesaid award, the instant appeal has been pr eferred by the Insurance Company mainly on the ground that the learned Tribunal arbitrarily and illegally passed the award of compensation to the claimant witho ut making any deduction towards personal expenses of the deceased, inasmuch as, while computing compensation, taking recourse to the Second Schedule of Section 163-A of the Act, the amount of compensation so arrived at in the case of fatal accident claims shall have to be reduced by 1/3rd in consideration of the expens es which the victim would have incurred towards maintaining himself had he been alive. Mr. Dutta, learned counsel for the appellant has submitted that in view o f the provisions provided in Second Schedule of the Act, the learned Member ough t to have deducted 1/3rd from the total amount of compensation towards the perso nal expenses of the deceased. 7. In order to appreciate the contention raised by the Insurance Company, i t would be appropriate to look into the second schedule of the Act which deals w ith the schedule for compensation of 3rd party fatal accident claims under Secti on 163 A. In the said schedule, there is a note which is quoted hereunder: Note: The amount of compensation so arrived at in the case of fatal accident cl aims shall be reduced by 1/3rd in consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive. The amount of compensation so arrived at in the case of fatal accident c laims shall be reduced by 1/3rd in consideration of the expenses which the victi m would have incurred towards maintaining himself had he been alive. 8. The note appended to the schedule has a pervasive value in determining t he compensation after multiplier method is adopted in computing benefit in case of death of a vehicular accident. 9. Therefore, the note of the schedule mentioned above cast a duty on the C ourt to ascertain the net income of the deceased available for the support of hi mself and his dependents and to deduct therefrom 1/3rd of the income as the dece ased was accustomed to spend upon himself as regard both self-maintenance and pl easure and to ascertain what part of his net income the deceased was accustomed to spend for the benefit of the dependants. Then that should be capitalized by m ultiplying it by a figure representing the proper number of years. 10. While calculating the amount of compensation as per the said note under the schedule under Section 163-A of the Act reduction of 1/3rd of the amount is missing in the judgment which is an error apparent on the face of the record, wh ich in my considered opinion, is to be modified accordingly. 11. In the present case at hand, the total income of the deceased has been d etermined as Rs.2,000/- per month x 12= Rs.24,000/-. We deduct 1/3rd of the same and the monthly dependency comes to Rs.8,000/- and adopting the multiplier of 1 1, we find that the total amount of compensation comes to Rs.1,76,000/-. We add the sum of Rs.15,000/- which the Tribunal had already granted towards funeral ex penses, loss of consortium and loss of estate and the total compensation comes t o Rs.1,91,000/- (Rupees one lakh ninety one thousand) only. 12. Therefore, the claimant is entitled to get the compensation amounting to Rs.1,91,000/-(Rupees one lakh ninety one thousand) only alongwith an interest @ 8.5% per annum as has already been granted by the Tribunal. 13. At this stage, Mr. Mozumdar, learned counsel for respondent No.1/claiman t has brought to the notice of the Court that while awarding the compensation, t he learned Tribunal has passed an order to the following effect: ...O.P. No.2 Oriental Insurance Co. Ltd. shall pay the claimant a total amount of compensation of Rs.2,79,000.00 to the claimant named about within a p eriod of 60 days from today failing to make payment of the said amount of compen sation with the stipulated period of 60 days an interest @ 8.5% shall be calcula ted on account of compensation until payment... 14. Mr. Mozumdar, learned counsel for the claimant submits that it is a sett led position that the interest is to be calculated from the date of filing of th e claim petition till realization of the amount. However, that has not been done in the instant case. Accordingly, it is also made clear that the interest now s hall be calculated from the date of filing of the claim petition till realizatio n of the amount. 15. It is further submitted at the Bar that some amount has already been pai d to the claimant. The remaining amount shall now be paid to the claimant within a period of 60 (sixty) days from today and the amount, if already paid, shall b e deducted from the final amount. 16. With the above modification, the appeal stands disposed of.