SHIVKUMARI SAHU AND OTHERS Vs. BALRAM AND OTHERS

JUDGEMENT

(1.) Present is an appeal by the claimants under Section 173 of the Motor Vehicles Act assailing the award dated 11.3.2014 passed by the learned Seventh Additional Motor Accident Claims Tribunal, Raipur (C.G.) in Motor Accident Claim Case No. 89/2011. Vide the said impugned award, the Tribunal in a death case under Section 166 of the Motor Vehicles Act has awarded a compensation of Rs. 8,26,400 with interest @ 6% per annum from the date of application.

(2.) The Counsel for the appellants submits that, the compensation awarded is unreasonably low as the income assessed by the Tribunal is on the lower side and that there was sufficient proof of the salary that the deceased was earning at the time of the accident and witness in this regard was also examined and the salary slip also was proved, yet the Tribunal has taken the income at Rs. 3,000 per month whereas the accident in the instant case had occurred in the year 2009 and thus prayed for the amount of compensation to be suitably enhanced.

(3.) The Counsel for the Insurance Company however opposing the appeal submits that, it is a case where the award passed by the Tribunal is otherwise just and reasonable and that the claimants in the instant case has also been awarded the compensation under the conventional head on the higher side and therefore there does not seem to be a strong case made out for interfering with the amount of compensation awarded and prayed for rejection of the appeal.