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2012 DIGILAW 2257 (RAJ)

Kalyan Gujar v. Tej Singh

2012-12-04

BELA M.TRIVEDI

body2012
JUDGMENT 1. - The present appeal filed under Section 173 of Motor Vehicle Act, 1988 (hereinafter referred to as 'the said Act') by the appellants- claimants seeking enhancement of the compensation arises out of the judgment and award dated 24.8.1996 passed by the Motor Accidents Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as 'the Tribunal') in Claim Case No. 591/1993, whereby the Tribunal has awarded Rs. 70,0001- for the death of Ganesh son of the appellants. 2. It has been sought to be submitted by the learned counsel Mr. Kamal Gupta for Mr. Mahesh Gupta for the appellants that the age of the deceased was about 18 years and he was studying in the school as well as doing some craft work and earning T 800-900 per month at the time of accident which took place on 11.9.1993. According to him, even if the minimum income of the deceased is considered to be Rs. 15,000/- per year as per the Schedule annexed to the said Act for the non earning member, the appellants would he entitled to the compensation atleast to the extent of ? 2 tats. However, the Tribunal had committed an error in appreciating the evidence and in awarding the lumpsum amount of Rs. 70,000/- towards the compensation for the death of their son. 3. However, the learned counsel Mr. A.K. Pareek for the respondent No. 2- Insurance Company submitted that the appellants have failed to produce any evidence before the Tribunal as regards the age, income or his studies, and hence the Tribunal has rightly awarded lumpsum compensation of Rs. 70,000/- which is just and proper. 4. Having regard to the submissions made by the learned counsels for the parties and to the impugned order passed by the Tribunal, it appears that the deceased Ganesh, son of the appellants-claimants, died in the accident which took place on 11.9.1993 due to the rash and negligent driving of the bus driver, bearing Registration No. RJ-14-P-1515, owned by the respondent No. I and insured with the respondent No. 2. It further appears that the name of the driver Tej Prakash, who was allegedly driving the said bus was already deleted by the claimants from the cause-title of the claim petition before the Tribunal and in the present appeal also the respondent No. 1 owner has not been served by the appellants-claimants. It further appears that the name of the driver Tej Prakash, who was allegedly driving the said bus was already deleted by the claimants from the cause-title of the claim petition before the Tribunal and in the present appeal also the respondent No. 1 owner has not been served by the appellants-claimants. However, since the appeal is being contested by the respondent No. 2 Insurance Company, the service to the respondent No. I is dispensed with. 5. From the impugned award passed by the Tribunal it appears that the appellants-claimants had not produced any evidence as to the age and income of the deceased. There was also no evidence to show that the deceased was studying at the time of accident, except the bare statement of the appellant No. I Kalyan Gurjar. The Tribunal, therefore has awarded the lumpsum amount of Rs. 70,000/- towards the compensation for the death of the said Ganesh with interest C 12% per annum from the date of filing of the claim petition. Though the claimants had sought to establish that the deceased was earning Rs. 800-900 by doing some handicraft work and by selling milk, the said version of the appellants has not been believed by the Tribunal. Considering the age of the deceased and the claimants and considering the evidence on record, it appears that the compensation awarded by the Tribunal is little on the lower side which deserves to be enhanced to a reasonable amount. In that view of the matter, the compensation awarded by the Tribunal is enhanced to the amount of Rs. 1,20,000/- from Rs. 70,000/-, and the difference to be paid with interest @ 6% from the date of award of the Tribunal till realisation. 6. Accordingly the appellants shall be entitled to the enhanced compensation to the tune of Rs. 50,000/- with interest @ 6% from the date of award till realisation. The appeal stands partly allowed.Appeal partly allowed. *******