BASAVARAJ Vs. SHAIKH ARIF

JUDGEMENT

(1.) THE case of the claimants is that on 18 -5 -1988 when the deceased was travelling as a passenger in the Maxi Cab bearing No. KA 28/3303 from Devarahipparagi to Bijapur, a truck bearing No. KA -33/1421 came and dashed against the Maxi cab and the Maxi cab turned turtle. The deceased sustained severe injuries, he fell on hot water radiator and sustained injuries all over the body. Hence, he filed MVC No. 804/1998. By the order dated 25 -8 -2006, the MACT awarded a sum of Rs. 2,00,000/ - for the injuries. He died on 27 -9 -1999. An appeal was filed by the respondent insurer in MFA No. 26/2007. By the order dated 5 -7 -2007 the impugned Judgment and award of the tribunal was set aside and the matter was sent back to the tribunal for "reconsideration. On remand the impugned order has been passed awarding compensation of Rs. 1,09,500/ - along with interest. Seeking enhancement the present appeal is filed.

(2.) THE learned Counsel appearing for the appellant contends that the tribunal having held that there is a nexus between the accident and the cause of death, has failed to award any amount towards loss of dependency. The amount awarded towards other heads are inadequate.

(3.) THE Hon'ble Supreme Court in para -16 of the Judgment in the case of Rajesh and Others vs. Rajbir Singh reported in : 2013 ACJ 1403 have held that irrespective of the claim made, the Court shall always determine a just compensation to be granted. Therefore even if the claim is made for a lesser sum, it is the duty of the Court to award such compensation as is just and appropriate. Following the said Judgment both the contentions of the insurer are rejected. Not to award compensation on the head which is not claimed by the claimant, is highly inappropriate. The same would have to be necessarily considered while awarding a just compensation.