TARNI BAI Vs. DURGESH

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short, 'the Tribunal') vide award dated 18.01.2007, passed in Claim Case No.79/2006. As against the compensation of Rs.29,00,000/- claimed by the appellants / claimants, unfortunate widow, and minor children of deceased Ramesh Nirmalkar by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 09.04.2006, the Tribunal awarded a total sum of Rs. 1,80,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. Shri Sunil Sahu, learned counsel for the appellants vehemently argued that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs.15,000/- per annum; and in awarding low compensation of Rs. 1,80,000/- only.

(2.) SHRI Sudhir Agrawal, learned counsel for respondent No-3/ New India Insurance Company Limited, on the other hand, supported the award and contended that as the claimants could not establish the income of the deceased as pleaded by them, the compensation of Rs.1,80.000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.

(3.) IN a motor accident claim case what is important is that the compensation to be awarded by the Courts /Tribunal should be just and proper compensation in the facts and circumstances of the case. Now we shall examine as to whether the compensation of Rs. 1,80,000/-awarded by the Tribunal is Just and proper compensation in the facts and circumstances of the present case.