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Madhya Pradesh High Court · body

2011 DIGILAW 1403 (MP)

Sarika v. Vinesh Kumar

2011-12-13

N.K.MODY

body2011
ORDER 1. This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 19.1.2010 passed by IVth Motor Accident Claims Tribunal, Indore in Claim Case No. 88/2008. By the impugned award, the Claims Tribunal awarded the compensation as Rs. 5,65,500/- with interest to the claimants by way of compensation on account of death of one Komal @ Surendra, aged 26 years, who died in a motor accident. 2. As observed supra it is a death case. 3. Learned counsel for appellants submit that in a motor accident which took place on 2.9.2008, one Surendra died. It is submitted that in a death case the amount awarded is on lower side which deserves to be enhanced. It is prayed that appeal be allowed and amount be enhanced. 4. Learned counsel for the respondents No.3 & 5/Insurance companies submit that amount awarded is just and proper and no case of further enhancement is made out. It is submitted that appeal be dismissed. 5. After taking into consideration all the facts and circumstances of the case, this Court is of the view this appeal filed by the appellants is allowed and the appellants are further entitled for a sum of Rs. 1,00,000/- which shall carry interest @ 8% per annum from the date of application. The amount awarded shall be deposited by the Insurance Company with the learned tribunal and the learned tribunal is directed to invest 80% of the said amount on long term fixed deposit in the name of appellant No.1 in the Nationalized Bank and interest thereon shall be credited on monthly basis in S.B. Account of appellant No.1. However, on an application by the appellant No. 1 this condition could be modified by the learned tribunal in exceptional circumstances, if made out by the appellants No.1. This order shal1 be executable only upon payment of proportionate court fee on the enhanced amount. Respondents shall bear the costs. 6. With the aforesaid modification the appeal stands disposed of. K.K. Kaushal for appellants; Anil Goyal for respondent No.3; C.P.Singh for respondent No.5.