DINESHKUMAR BRIJNANDAN Vs. UMIYASHANKAR VEDPRAKASH MISHRA

JUDGEMENT

(1.) THE present appeal is directed against the judgment and award passed by the Tribunal dated 07.01.2011, whereby the Tribunal has awarded the compensation of Rs. 5,07,600/ - with interest at the rate of 7.5% p.a.

(2.) THE short facts of the case appears to be that on 02.06.2009, when deceased Dinesh Brijnandan Shukla was driving his motorcycle, wherein Sureshkumar Dubey was the pillion rider, one Indica car bearing registration No. UP -43 -K -8902 dashed with the motorcycle and the deceased Dineshkumar sustained injuries and ultimately succumbed to the injuries. The claim petition was filed for compensation of Rs. 30,00,000/ -being MACP No. 33/10. The Tribunal at the conclusion of the petition, passed the above referred judgment and award. Under the circumstances, the present appeal before this Court.

(3.) THE only contention raised on behalf of the appellant was that the quantum of compensation awarded is much on lower side. It was submitted that the deceased was practising lawyer in UP, though evidence was not produced for showing the particular amount of income, but he submitted that the fact of practise as lawyer for three years, if considered, it can be said that the Tribunal has assessed income much on the lower side and therefore, this Court may enhance the amount of compensation. It was also submitted that the amount awarded for loss of consortium and loss of estate and loss of love and affection is much on lower side and therefore, this Court may consider the said aspect.