NIRMALA BAI Vs. MANSINGH

JUDGEMENT

(1.) Leave granted.

(2.) The claimants are before this Court impugning the order [dtd. 29/7/2019 in M.A.No.1037 of 2017] passed by the High Court [High Court of Madhya Pradesh, Bench at Indore] seeking further enhancement of compensation. Vide the aforesaid order, the High Court had awarded compensation of 16,42,694/- as against 14,36,694/- awarded by the Motor Accidents Claims Tribunal, Indore [Hereinafter, for short, 'The Tribunal'].

(3.) Briefly the facts available on record are that in an accident, which took place on 22/11/2014, one Saligram died. The appellants before this Court are the widow of the deceased, one son and one daughter. Widowed mother of the deceased was also a claimant before the Tribunal, however, she died during the pendency of the proceedings. The claim petition [Claim Case No.105 of 2016] was filed before the Tribunal by all the claimants. At the time of death, the deceased was 45 years of age and was engaged in cultivating land, animal husbandry and milk vending. Though, it was claimed that he was earning about 20,000/- per month, however, no evidence was produced in that regard before the Tribunal. The Tribunal vide its award [Award dtd. 22/2/2017] taking the income of the deceased Saligram at 3,000/- per month, awarded a compensation of 14,36,694/-. Claiming enhancement, the claimants/appellants filed M.A.No.1037 of 2017 before the High Court. The compensation was enhanced to 16,42,694/- by increasing the income of the deceased from 3,000/- to 5,000/- per month.