Neutral Citation No. - 2025:AHC-LKO:19690 Court No. - 5 Case :- FIRST APPEAL FROM ORDER No. - 127 of 2021 Appellant :- New India Assurance Company Ltd. Thru Officer Thru Legal Hub Respondent :- Vipin Kumar Tripathi And And Anr. Counsel for Appellant :- Zafar Aziz,Israar Rais Counsel for Respondent :- Avnish Kumar Tiwari,Bajhul Quamar Siddiqui,Kishan Tripathi,Rakesh Kumar Hon'ble Abdul Moin,J. 1. Heard Shri Zafar Aziz, learned counsel for the appellant and Shri Avnish Kumar Tiwari, learned counsel for the respondent no. 1. 2. Despite notice having been issued to respondent no. 2 and having been served as per the office report dated 08.11.2021, nobody responds on behalf of respondent no. 2. 3. Accordingly, the Court proceeds to hear and decide the matter finally. 4. Under challenge is the judgement and order dated 25.01.2021 passed by learned Motor Accident Claims Tribunal, Hardoi in Motor Accident Claim Petition No. 348 of 2016 in re: Vipin Kumar Tripathi vs Mudit Pandey & others wherein learned Tribunal has awarded a sum of Rs. 14,53,504/- alongwith interest in favour of respondent no. 1. 5. Learned counsel for the appellant has raised a short question of law which is that the claim petition was filed under Section 163A of the Motor Vehicles Act, 1988 (prior to amendment). He contends that the claim applications filed under aforesaid provisions are to be decided and owner of motor vehicle of authorised insurer is liable to pay in case of death due to accident out of use of motor vehicle compensation as indicated in the second schedule. Admittedly as per the second schedule the maximum amount with respect to fatal accident is Rs 5 lakhs. 6. The argument is that learned tribunal although entertained the claim petition filed under Section 163A of the Act, 1988 and in the judgement also in paragraph 10 it has been indicated that as the father of the claimant namely Shri Jagannath Tripathi has died consequently the negligence of the car driver (with which vehicle the accident occurred) is not to be seen as the claim has been filed under Section 163A of the Act, 1988 but thereafter without considering the maximum amount as per schedule 2 has proceeded to award the amount of Rs. 14,53,504/- and thus it is prayed that the impugned judgement merit to be set aside on this ground alone restricting it to sum of Rs 5 lakhs as payable as per second schedule. 7. Shri Avnish Kumar Tiwari, learned counsel for the respondent no. 1 does not dispute the aforesaid argument as raised by learned counsel for the appellant of a maximum sum payable in a claim petition filed under Section 163A to be 5 lakhs. 8. Accordingly, considering the aforesaid it is apparent that the learned Tribunal has patently erred in awarding a sum of Rs. 14,53,504/- over and beyond which has been fixed in the second schedule purporting to the provisions of Section 163A of the Act, 1988. 9. Keeping in view the aforesaid discussion, the appeal is partly allowed. The order impugned dated 25.01.2021 passed by learned Tribunal is modified to the extent that the amount of compensation would be Rs 5 lakhs. Remaining part of the order pertaining to interest is maintained. The respondent no. 1 would be entitled to the said amount as per law after adjusting the amount which has already been received. 10. Trial court record be returned. Order Date :- 8.4.2025/J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench