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Madhya Pradesh High Court · body

2007 DIGILAW 859 (MP)

Ajaypratap Singh v. Narendra Bhandari

2007-08-07

N.K.MODY

body2007
ORDER 1. This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 30.8.2006, passed by XIIth MACT, Indore, in Claim Case No. 40/2005. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,50,000/- with interest to the claimants for the death of one Abhijeet, who died in vehicle accident. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimants have filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent? 2. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of claimants by the Tribunal. Secondly, none of these findings though recorded in claimants favour are under challenge at the instance of any of the respondents such as owner/driver or Insurance Company either by way of cross appeal or cross objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues. 3. As observed supra, it is a death case. On 27.3.2004, deceased Abhijeet, aged 20 years, met with a motor accident and died, giving rise to filing of claim petition by legal his representatives (appellants herein) out of which this appeal arises seeking compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and as stated supra, awarded a sum of Rs. 2,50,000/-, breakup of which is as under: Rs. 2,40,000/- Towards loss of dependency. Rs. 10,000/- Towards other heads. 4. Learned counsel for the appellants submit that deceased was the only son of appellants. It is also submitted that the amount awarded is on lower side. 5. Learned counsel for respondent No. 3 submits that the amount awarded by the learned Tribunal is just and proper and no further enhancement can be made. 6. Rs. 10,000/- Towards other heads. 4. Learned counsel for the appellants submit that deceased was the only son of appellants. It is also submitted that the amount awarded is on lower side. 5. Learned counsel for respondent No. 3 submits that the amount awarded by the learned Tribunal is just and proper and no further enhancement can be made. 6. I have gone through the evidence adduced by the claimants. After taking into consideration all the evidence on record this Court is of the view that looking to the facts and circumstances and the future prospects of the deceased, as he was a young man, the amount awarded is on lower side. In my opinion, it will be proper to enhance the amount of compensation. Appellants are further entitled for a sum of Rs. 1,25,000/-. Thus, the appellants are entitle for a total sum of Rs. 3,75,000/-, instead of Rs. 2,50,000/-. The enhanced amount of Rs. 1,25,000/-, shall carry interest @ 7.5% p.a. The enhanced amount shall be kept in FDR in the name of appellant No.2, who is the mother of deceased, in such a manner so that it can earn highest rate of interest, which shall be payable to appellant No.2 quarterly. 7. With the aforesaid modifications the appeal stands disposed of. No order as to costs.