SUKHI RAM Vs. MANOHAR LAL SAHU

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act has been filed by the claimants seeking enhancement of compensation against the award dated 06.08.2009 passed by the 11th Additional Motor Accident Claims Tribunal (FTC) Raipur (in short, the Tribunal) in Claim Case No.49/2008. Vide the said impugned award, the Tribunal in a death case has awarded a compensation of Rs.65,000/- to the claimant along with interest @ 6 percent per annum from the date of application. While passing the award, the Tribunal has fastened the liability upon the driver and owner of the offending vehicle and have exonerated the insurance company of its liability.

(2.) Counsel for the appellant-claimant submits that the Tribunal has wrongly exonerated the insurance company as there is no evidence brought before the Tribunal to establish the fact that the offending tractor was being used for other than agriculture purpose for which it was registered and insured. It was further contended that the amount of compensation awarded by the Tribunal is extremely low as the Tribunal has not taken into consideration the income of the deceased so also multiplier has not been correctly applied for quantifying the compensation and thus prayed for amount to be suitably enhanced.

(3.) The counsel for the insurance company, however opposing the appeal submits that the finding of the Tribunal seems to be fair and reasonable as there is a categorical finding that the vehicle at the relevant point of time was being used in contravention to the provisions of the MV Act and the conditions to the policy and that the claimant in the instant case being the Husband of the deceased was not dependent upon the income of the deceased wife in any manner, and therefore, the appeal does not have any merit and the same deserves to be rejected.