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Madhya Pradesh High Court · body

2011 DIGILAW 1083 (MP)

SUNITA v. RASHID KHAN

2011-09-13

N.K.MODY

body2011
JUDGMENT : N.K. Mody, J. This is an appeal filed by the claimant u/s 173 of the Motor Vehicles Act against an award dated 30.11.2007 passed by Twentieth M.A.C.T., Indore in Claim Case No. 35 of 2007. By impugned award, the Tribunal has awarded a total sum of Rs. 7,31,000 with interest to the claimants for the death of one Babulal, who died in vehicular accident. According to claimants, the compensation awarded is on lower side and hence, needs to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal that the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Claims Tribunal on facts/evidence adduced is made out in the compensation awarded and, if so, to what extent?. 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 the 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. 2. As observed supra, it is a death case. On 7.12.2005, Babulal, aged 28 years, met with a motor accident and died, giving rise to filing of claim petition by legal 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 application filed by the claimants and, as stated supra, awarded a sum of Rs. 7,31,000, break-up of which is as under : 3. Learned counsel for the appellants submits that income of the deceased was assessed at Rs. 5,000 per month and after deducting 1/4th towards personal expenses the compensation has been awarded. It is submitted that the income of the deceased ought to have been assessed at Rs.8,000 per month. It is submitted that deduction of 1/4th is on higher side, which ought to have been 1/5th. 5,000 per month and after deducting 1/4th towards personal expenses the compensation has been awarded. It is submitted that the income of the deceased ought to have been assessed at Rs.8,000 per month. It is submitted that deduction of 1/4th is on higher side, which ought to have been 1/5th. Learned counsel submits that deceased was having his own truck bearing registration No. MP 04-K 6477, which was purchased by the deceased after taking loan. It is submitted that deceased was paying instalment of Rs.15,666 regularly. It is submitted that the deceased also paid road tax quarterly at Rs.3,700. It is submitted that the deceased was having agricultural land of his own apart from the land of joint Hindu family. It is submitted that in the facts and circumstances of the case income assessed is on lower side and on other heads also the amount awarded is grossly inadequate. It is submitted that the appeal be allowed and the amount be enhanced. 4. Learned counsel for the respondent No. 3 submits that the amount awarded is just and proper, which requires no enhancement. It is submitted that appeal be dismissed. 5. From perusal of the evidence on record it is evident that nothing has been said by the appellants that the deceased Babulal was the only son of appellant Nos. 6 and 7, therefore, no case is made out for deducting 75th towards personal expenses. So far as income is concerned, keeping in view the fact that deceased Babulal was the owner of a truck and also having agricultural income, this court is of the view that income assessed by the learned Tribunal is on lower side, which ought to have been Rs. 6,000 per month. In view of this appellants are entitled for the following amount: 6. Thus, the appellants are entitled for Rs.9,09,000 instead of Rs.7,31,000. The enhanced amount of Rs.1,78,000 shall carry interest at the rate of 8 per cent per annum from the date of application. So far as the liability is concerned, findings recorded by the learned Tribunal shall remain intact. In view of this appellants are entitled for the following amount: 6. Thus, the appellants are entitled for Rs.9,09,000 instead of Rs.7,31,000. The enhanced amount of Rs.1,78,000 shall carry interest at the rate of 8 per cent per annum from the date of application. So far as the liability is concerned, findings recorded by the learned Tribunal shall remain intact. The amount awarded shall be deposited by the insurance company with the learned Tribunal and the learned Tribunal is directed to invest 80 per cent of the said amount on long-term fixed deposit in the name of the appellant No. 1 in the nearest nationalised bank in the area where the appellant No. 1 is residing, with the condition that the bank will not permit any loan or advance. Interest on the said amount shall be credited on monthly basis in S.B. Account of appellant No. 1, which shall be opened by the appellant No. 1 from where appellant No. 1 can withdraw the amount as per her needs. However, on an application by the appellant No. 1 this condition could be modified by the learned Tribunal in exceptional circumstances such as educational and marital needs of the appellant Nos. 2 to 5, if made out by the appellant No. 1. With the aforesaid modification the appeal stands disposed of. No order as to costs.