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2003 DIGILAW 316 (RAJ)

Chetan Ram v. Panna Ram

2003-02-26

H.R.PANWAR

body2003
JUDGMENT 1. - This appeal is directed against the judgment and award dated 25.1.1996 passed by the Motor Accident Claims Tribunal, Barmer (hereinafter referred to as the Tribunal') whereby the Tribunal awarded compensation of Rs. 85,000/- in favour of appellant claimants (for short the claimants') and against respondents. Aggrieved and dissatisfied by quantum of s compensation, the appellants, who are parents of deceased Goma Ram aged about 17 years have filed this appeal seeking enhancement of the compensation. 2. I have heard counsel for the parties, perused the judgment and award impugned as well as record of the Tribunal. 3. The only point argued by the learned counsel for the appellants is that the compensation awarded by the Tribunal is inadequate keeping in view the fact that on attaining majority deceased Goma Ram would have been earning member of family and would have contributed to the family by his earnings. Learned counsel for the appellants relied on a 15 judgment of Hon'ble Supreme Court in Shanti Bai & Ors. v. Charan Singh & Ors., 1998 ACJ 848 (SC) . The case cited by the learned counsel for the appellants is on identical facts as in the instant case. In that case, the deceased was 18 years of age and the claimants mother and sister were dependent on his income. In that case, the Tribunal awarded Rs. 40,000/-. The Apex Court awarded additional compensation of Rs. 1,10,000/-. Thus lumpsum award of Rs. 1,50,000/- was passed. 4. In this view of the matter, I am of the considered opinion that in the instant case the compensation awarded by the Tribunal is obviously inadequate and needs to be enhanced. 5. Accordingly, this appeal is partly allowed and the compensation awarded by the Tribunal is enhanced from Rs. 85,000/- to Rs. 1,50,000/-. No Order as to costs.Appeal Partly Allowed. *******