BEBIBAI W/O. VINAYAKRAO LAKHAKWAR Vs. SUJIT

JUDGEMENT

(1.) The appellant/original claimant has preferred this appeal against the judgment and Award in M.A.C.P. No.49 of 2003 passed by the learned Chairman, Motor Accident Claims Tribunal, Wardha whereby compensation in the sum of Rs.74,500/ inclusive of no fault liability along with interest @ 71/2 % p.a. from the date of petition till realisation of the amount was granted by Award dt.2.1.2006. The claimants (appellants), by this appeal, have prayed for enhancement of the compensation to the tune of Rs.5,00,000/ with interest @ 12 % p.a. from the date of accident.

(2.) The facts, stated briefly, are as under :

(3.) It is not in dispute that deceased Prakash was a bachelor while claimant Smt.Bebibai is his mother and Sanjay Vinayakrao Lakhakwar is his brother. The claimants also included nephew and niece of deceased Prakash as alleged dependents on him at the time of his death. It is also contended that the claimants had high hopes from deceased Prakash, but their hopes were shattered due to his untimely death. According to the claimants, since the deceased was aged about 30 years at the time of his death and the only earning member of the family running a pan shop and earning about Rs.6,000/ p.m., the compensation granted was extremely inadequate.