SUKHANTIN BAI SAHU Vs. RAMRATAN

JUDGEMENT

(1.) These three appeals arise out of the same accident in connection with three different death case. MAC No.1039 of 2010 pertains to claim case No.03/2009 decided on 09.03.2010 wherein deceased is Janak Ram, aged around 30 years. MAC No.818 of 2011 pertains to claim case No.57/2009, decided on 30.03.2010 wherein deceased is Ashwani Kumar, aged around, 25 years and MAC No.1040 of 2010 arise out of claim case No.14/2009 decided on 09.03.2010 pertains to death of Smt. Jayanti Bai, aged around 29 years. All the three claim cases have been decided by the Additional Motor Accident Claims Tribunal (FTC), Bhanupratappur, Distt. North Bastar, Kanker (In short, the Tribunal).

(2.) Vide the said impugned awards, the Tribunal in the three claim applications filed under Section 166 of the MV Act in death case have awarded compensation of Rs.3,03,000/- Rs. 2,87,000/- and Rs. 3,03,000/- respectively. These are three appeals which have been filed by the claimants seeking for enhancement of compensation.

(3.) The ground of challenge is that the quantum of compensation awarded are on the lower side as the income assessed was not proper. He further submits that the award also deserves to be modified inasmuch as compensation under the future prospects has not been taken into consideration by the Tribunal while quantifying the compensation. Likewise, it was also contended that deduction made in the instant case considering the total number of claimants are also not proper. Further, the compensation awarded under the conventional heads are also unreasonably low. It was further contended that exoneration of insurance company is also erroneous to the extent that policy covers the risk of seven persons which includes 4 Hamals, 1 driver, 1 helper and 1 conductor totaling 7. Therefore, the insurance company should have been saddled with the responsibility of payment of compensation to the claimants.