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2005 DIGILAW 773 (MP)

SAMPATBAI v. KARNAIL SINGH

2005-07-28

ARUN MISHRA, U.C.MAHESHWARI

body2005
MISHRA, MAHESHWARI, JJ. ( 1 ) THERE is delay of two days in filing this appeal. M. C. P. No. 3537 of 2002 has been filed seeking condonation of delay. Application is supported by an affidavit. In the facts and circumstances of the case the delay in filing this appeal is condoned. ( 2 ) HEARD on the question of admission. Admit. Heard finally with the consent of learned counsel for the parties. ( 3 ) THIS appeal has been preferred by the claimant mother seeking enhancement of compensation. She is aggrieved by the award dated 26. 12. 2001 passed by the m. A. C. T. , Maihar, District Satna in Claim case No. 125 of 1998. On account of death of Sarman alias Shravan Kumar who was cleaner of jeep No. MP 19-A 8055 died in an accident dated 13. 6. 1998 when jeep met with head-on collision with truck No. MUJ 2441. Truck was owned by Milinder kaur Tuli and was insured with New India assurance Co. Ltd. The jeep was owned by Krishnanand Mishra and insured with oriental Insurance Co. Ltd. ( 4 ) THE age of Shravan Kumar Shukla was 19 years. The Tribunal has assessed his income at Rs. 15,000 per annum. The total compensation awarded is Rs. 87,000, hence this appeal has been preferred for enhancement of compensation. The Claims tribunal has held both the drivers to be negligent for the accident. ( 5 ) IN this appeal the only question that is agitated at Bar is about the quantum of compensation. It is submitted that inadequate compensation has been awarded. ( 6 ) THE age of mother is about 60 years. A young boy of 19 years has died, who was the only support to the mother. We find that compensation which has been awarded is inadequate. In the facts and circumstances of the case we find that it will be just and reasonable to award Rs. 1,50,000 (rupees one lakh fifty thousand only) as overall compensation including the amount of funeral expenses, loss to estate and loss of expectancy of life. The enhanced compensation to carry interest at the rate of 6 per cent per annum from the date of filing of the claim petition. The appeal is allowed in part. No costs. Appeal allowed. .