Case Note & Summary
The appellant, Liliben Ajmalbhai Thakor, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 14.12.2023 passed by the Motor Accident Claims Tribunal (Main), District Patan in MACP No.269 of 2019. The appellant, mother of the deceased minor Soniben aged 13 years, claimed compensation of Rs.5,00,000 under the Second Schedule of the MV Act for the untimely death of her daughter in a motor accident on 19.11.2019. The Tribunal awarded only Rs.2,04,500, which the appellant contended was meager and contrary to the statutory minimum under Section 164 of the MV Act. The High Court heard arguments from learned advocate Mr. Kaash K. Thakkar for the appellant and Ms. Kirti S. Pathak for the Insurance Company. The appellant argued that the Tribunal ignored the notification dated 22.05.2018 and the amended Section 164, which mandates a minimum compensation of Rs.5,00,000 for death. The Insurance Company opposed, submitting that the Tribunal correctly applied the schedule under Section 163A. The High Court examined Section 164, which overrides other provisions and prescribes a fixed compensation of Rs.5,00,000 for death. The Court noted that the accident occurred on 19.11.2019, after the amendment, and the Tribunal erred in awarding a lesser amount. The Court allowed the appeal, set aside the Tribunal's award, and directed the Insurance Company to pay Rs.5,00,000 with interest at 7.5% per annum from the date of the claim petition until realization, within eight weeks.
Headnote
A) Motor Accident Claims - Compensation for Death of Minor - Section 164 Motor Vehicles Act, 1988 - Minimum Compensation - The Tribunal awarded Rs.2,04,500 to the mother of a 13-year-old deceased daughter, but Section 164 mandates a minimum of Rs.5,00,000 in case of death. The High Court held that the Tribunal ignored the statutory provision and enhanced the compensation to Rs.5,00,000 with interest at 7.5% per annum from the date of claim petition. (Paras 1-8)
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in awarding compensation of Rs.2,04,500 instead of the minimum compensation of Rs.5,00,000 as per Section 164 of the Motor Vehicles Act, 1988?
Final Decision
Appeal allowed. The judgment and award dated 14.12.2023 passed by the Motor Accident Claims Tribunal (Main), District Patan in MACP No.269 of 2019 is set aside. The Insurance Company is directed to pay Rs.5,00,000 with interest at 7.5% per annum from the date of claim petition till realization within eight weeks.
Law Points
- Section 164 of Motor Vehicles Act
- 1988 provides for minimum compensation of Rs.5
- 00
- 000 in case of death
- Tribunal erred in awarding lesser amount
