Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 206 (MP)

Hafiz Kha And Others v. Kamal Singh And Others

2020-02-10

VANDANA KASREKAR

body2020
JUDGMENT 1. This appeal under Section 173 of Motor Vehicles Act, 1988 has been preferred by the appellants-claimants for enhancement of compensation awarded by IV Additional Member, Motor Accidents Claims Tribunal, District-Dewas in Claim Case No.3800101/2016 vide award dated 08/03/2019. By the aforesaid award, an amount of Rs.7,34,670/- has been awarded together with interest from the date of filing of claim petition till date of realization of the amount on account of the death of Irfan in the accident occurred on 13/11/2015 involving the offending vehicle bearing registration No.MP-41/MT/2906. 2. It is not necessary to narrate the entire facts in details because the learned Tribunal already recorded the findings in the impugned award. 3. That on account of death of Irfan in a motor accident, the Tribunal has awarded Rs.7,34,670/- as compensation, break-up of which is as under:-- Loss of Dependency Rs.6,80,400/- Towards Non-Pecuniary Losses Rs. 54,270/- ----------------------- Total Rs.7,34,670/- ============== 4. The appellants have challenged the amount of compensation awarded by the Tribunal on the ground that the compensation awarded is meager and on the lower side and, therefore, the same deserves to be enhanced. 5. Learned counsel for the Insurance Company supported the award, as regards quantum of compensation and prayed for dismissal of the appeal. 6 . Considering the fact that deceased Irfan is son of appellant Nos.1 and 2 and brother of appellant No.3 has died in a motor accident, in the fitness of things and to strike balance between the parties and the fact that the accident has occurred in the year 2015, it is considered apposite to enhance the amount of compensation in lump-sum by Rs.1,66,320/- (Rupees One Lac Sixty Six Thousand Three Hundred Twenty Only). Hence the compensation amount is enhanced from Rs.7,34,670/- (Rupees Seven Lacs Thirty Four Thousand Six Hundred and Seventy Only) to Rs.9,00,990/- (Rupees Nine Lacs Nine Hundred and Ninety Only) with interest as fixed by the Tribunal. The enhanced amount of compensation together with interest as determined by the Tribunal, which shall be disbursed by the respondent No.2 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 Tribunal is kept in tact. 7. With the aforesaid, appeal is partly allowed and disposed of, with no order as to cost. C.C. as per rules.