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2018 DIGILAW 172 (MP)

Indudevi Singh v. Jubair Iqbal

2018-02-08

ROHIT ARYA

body2018
ORDER : This miscellaneous appeal by the claimants for enhancement of compensation under section 173 of the Motor Vehicles Act, 1988 has been filed challenging the impugned award dated 21-11-2013 passed in Claim Case No. 303/2013 by XVI Motor Accidents Claims Tribunal, Indore. 2. Facts relevant and necessary for disposal of this appeal lie in narrow compass: on 10-7-2011 at about 4:45 a.m., Vicky Singh (deceased) along with Satyendrasingh were going in a Tempo Trax bearing Registration No. MP-09-B.C.3055 from Indorama to Depalpur. When they reached near Pithampur the offendering truck bearing Registration No. MP-09-HG-3344 coming from opposite direction driven by rashly and negligently, dashed the tempo trax, due to which, Vicky sustained multiple injuries and died. 3. Claimants claim that at the time of incident, Vicky Singh (deceased) was aged about 12 years and a student. 4. The claimants/appellants have challenged the amount of compensation awarded by the Tribunal on the premise that the compensation awarded is meagre and on the lower side on various counts. Hence, the compensation has to be enhanced. 5. Counsel for the Insurance Company has raised various contentions on merits, it is submitted that looking to the facts and circumstances of the case, the amount awarded by the Tribunal is just and proper and no enhancement is called for. Accordingly, prayed for dismissal of the appeal preferred by the claimants. 6. Heard. 7. It is borne out from the material on record that the deceased suffered multiple injuries due to which he died. 8. It is considered apposite to mention that the accident in question occurred in the year 2011. 9. The moot question to be addressed upon in the appeal preferred by the claimants is as to whether the Tribunal was justified in awarding Rs. 2,25,000/- as loss of dependency, funeral expenses Rs. 2,000/- and love and affection Rs. 20,000/-; total compensation of Rs. 2,65,000/- to the claimants. 10. Having gone through the impugned award and looking to the fact that deceased was aged about 12 years and was a student, loss of earning/dependency, loss of love and affection to the parents and funeral expenses have not been assessed properly. Hence, in the opinion of this Court, the amount awarded by the Tribunal is on the lower side and needs to be enhanced appropriately. 11. Hence, in the opinion of this Court, the amount awarded by the Tribunal is on the lower side and needs to be enhanced appropriately. 11. After having perused the evidence placed on record and the submissions advanced and the fact that a young boy of 12 years had met an accidental death in the year 2011, in the fitness of things and to strike balance between the parties, this Court is of the view that the amount of compensation deserves to be enhanced in lumpsum by Rs. 1,25,000/- (Rs One Lakh Twenty Five Thousand Only) i.e. from Rs. 2,65,000/- (Rs Two Lakhs Sixty Five Thousand Only) to Rs. 3,90,000/- [Three Lakhs Ninety Thousand Only]. The enhanced amount of compensation together with interest as determined by the Tribunal shall be disbursed by the Insurance/Company to the appellants within a period of three months from the date of production of certified copy of the order passed today. Rest of the award passed by the Court below is kept in tact. With the aforesaid, appeal is partly allowed and disposed of.