1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G M E N T CIVIL MISC. APPEAL No. 584 of 1997 CHANDESHWARI SINGH & ANR V/S SUBE SINGH & ORS Date of Judgment : 3.9.2008 PRESENT HON'BLE SHRI N P GUPTA,J. Mr. NK RASTOGI, for the appellant Mr. GJ GUPTA, for the respondent This appeal has been filed by the claimants, against the award of the Motor Accident Claims Tribunal Bhilwara dated 26.3.1997, passed in Claim Case No.81/95, decreeing the same for a sum of Rs.72,000/- alongwith interest @ 12%, and Rs.300/- by way of litigation expenses. Since the only contention raised, to argue the appeal is, about quantum of compensation being inadequate, I need not go into the other aspects of the matter. The claimants, in the claim petition alleged, the deceased to be 20 years of age, and working as Khalasi, on the delinquent truck No.HR26/2711, and to be getting Rs.1500/- per month. The learned Tribunal found, that the claim of the 2 salary of the deceased, being Rs.1500/- per month is not substantiated, and assessed the income at Rs.750/- per month. Then out of that amount, deducting 1/3rd by way of personal expenditure, dependency was assessed at Rs.500/- per month, and applying a multiplier of 12, the compensation has been assessed. At the outset, it may be observed, that a look at the claim petition shows, that the claim was filed under Section 163A. Section 163A provides, that notwithstanding anything in this Act or any other law for the time being in force, the owner of the vehicle, or the authorised insurer, shall be liable to pay, in case of death or permanent disablement, due to accident, arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs, or the victim, as the case may be. Obviously therefore, the compensation was required to be awarded as per the Second Schedule. Even according to the claimants, the deceased was 20 years of age at the time of accident, and the learned Tribunal has found his income to be Rs.750/- per month, according to Second Schedule, the amount of compensation awardable comes to Rs.1,71,000/-. From out of this amount, according to the note appended to the said Schedule, the amount is to be reduced by 1/3rd, in consideration of expenses, which the victim would have incurred towards maintaining himself, had he been alive. Thus a sum of Rs.57,000/- is required to be reduced from the above amount. Then according to note 3, a sum of Rs.2000/- is required to be added for funeral expenses, 3 and a sum of Rs.2,500/- is required to be added for the loss of estate. Thus, the net amount awardable comes to Rs.1,18,500/-. The learned Tribunal has not gone into this aspect of the matter at all, wholly oblivion of the fact, that the claim petition was filed under Section 163A. Consequently, the appeal is allowed. The impugned award is modified, and the amount of compensation awarded, being Rs.72,000/-, is enhanced to Rs.1,18,500/-. All other terms of the award are maintained. (N.P.GUPTA),J. /tarun/