RAMA SHANKER MAURYA Vs. RAM SINGH

JUDGEMENT

(1.) THIS appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 22.01.2004 passed by Motor Accident Claims Tribunal, Sultanpur in Claim Petition No. 71 of 2001 (Ram Singh v. Rama Shanker and Others) whereby a compensation of rupees one lac was awarded.

(2.) THE brief facts of the case are that on 14.02.2001 at about 5.30 pm, Sri Sahdev Singh (hereinafter referred as deceased) was crossing the Sultanpur-Jaunpur National Highway by his bicycle. A motorcycle no. U.P.72-8425 came with speed and dashed the cyclist. The deceased sustained injuries and was admitted in the hospital and next day he was referred to Lucknow where he died. As per the postmortem report, the age of the deceased was taken as 60 years. The son of the deceased has filed the Claim Petition before the Motor Accident Claims Tribunal. The Tribunal has awarded a compensation of Rs.80,000/- plus Rs.20,000/- as consortium, loss of estate and funeral etc. Thus, the total compensation of rupees one lac was awarded against the appellant.

(3.) LEARNED counsel further relied on the ration laid down in the case of Smt. Manjuri Bera v. Oriental Insurance Co. Ltd.; 2007 AIR SCW 1962 where it was observed that liability in terms of Section 140 however does not cease because of absence of dependency. Therefore, even if there is no loss of dependency the claimant if he or she is a legal representative will be entitled to compensation, the quantum of which shall be not less than the liability flowing from Section 140 of the Act.