RADHIKA SINGH Vs. RAJIV GUPTA

JUDGEMENT

(1.) Heard Sri Nigmendra Shukla, learned counsel for claimants-appellants and Sri Ajay Singh, learned counsel appearing for respondent No.2-Insurance Company. No one is present for respondent no.1. Perused the record.

(2.) This FAFO has been filed by the appellants for enhancement of compensation against the judgment and award dtd. 14/1/2009 passed by Additional District Judge, Court No.5, Bulandshahr in MACP No. 85 of 2003(Km. Radhika Singh and others vs. Rajeev Gupta and another), by which compensation of Rs.50,000.00 alongwith 7% interest has been awarded in favour of claimants-appellants.

(3.) It is submitted by learned counsel for the appellants that very meagre amount of compensation has been awarded by the Claims Tribunal. The Claims Tribunal has awarded only Rs.50,000.00 on the ground that claimant no. 1 is married daughter of the deceased and claimant no.2 is major son of the deceased and they are not entitled for any compensation. It is further submitted that admittedly, the claimant no.1 Radhika Singh was unmarried at the time of death of her mother in the road accident and the Claims Tribunal has committed gross illegality in awarding only Rs.50,000.00. The claim of the appellants was denied by the claims Tribunal only on the ground that they are not dependent on the income of the deceased whereas under Sec. 166 of Motor Vehicle Act, the legal heirs of deceased are entitled for compensation. Learned counsel for the appellants placed reliance upon judgement of the Hon'ble Apex Court in the case of Kirti and another vs. Oriental Insurance Company Limited reported in 2021(2) SCC166. Relevant paragraph '10' is quoted herein below:-