CHANDRAWATI Vs. RAM SEWAK

JUDGEMENT

(1.) WE have heard Sri D.N. Mishra, counsel for the appellant, and perused the impugned award as also papers filed alongwith memo of appeal. Challenge in this appeal is to the award dated 22.1.2013 passed by M.A.C.T./Additional District Judge, Court No. 13, Kanpur Nagar in M.A.C.P. No. 148 of 2012, whereby compensation of Rs. 50,000 together with simple interest @ 6% per annum had been awarded to the appellant on account of death of her father in the motor accident.

(2.) IT appears that the appellant is the married daughter of the deceased Babu who suffered death in a motor accident caused by rash and negligent driving of Mini Truck (D.C.M.) Registration No. U.P. 77/N -5471 by its driver. The appellant filed claim petition for an award of Rs. 44,90,000 alleging that she is sole legal representative and dependent of the deceased. She alleged that although she is married for five years, but even after marriage she is living with her father as there is no family member to look after him. The claim petition was contested by the owner and insurer of the offending vehicle. The Tribunal after considering the evidence on record found that the appellant being married daughter of the deceased is not dependent on his income, therefore, she is entitled to get only Rs. 50,000 as provided under Section 140 of Motor Vehicles Act.

(3.) LEARNED counsel for the appellant has stressed that quantum of compensation shall not be less than the liability flowing from Section 140 of Motor Vehicles Act, as held by the Apex Court. However, we are not convinced with this argument. The maximum amount which can be awarded under Section 140 of Motor ' Vehicles Act, is Rs. 50,000. Thus, the Tribunal has not at all erred in placing reliance on the above judgment of the Apex Court.