DEVA Vs. MUDRIKA PRASAD

JUDGEMENT

(1.) APPLICANTS were awarded compensation Rs. 12,000/ by the Motor Accidents Claims Tribunal, Jhabua for a fatal motor accident which took place on 16.8.84. Respondent No. 1 was the driver of the offending vehicle, No. 2 its owner and No. 3 the Insurer, at the relevant time. In appeal (M.A. No. 229 of 85) Division Bench of this Court, vide its order dated 19.4.95 enhanced the amount of compensation from Rs. 12,000/ to Rs. 20,000/ Now by this review application, applicants seek further enhancement of the amount of compensation and it is submitted that as per law laid down by this Court from time to time, amount of compensation in a fatal accident case could not be less than the amount allowable under S. 140 of the Motor Vehicles Act, 1988, which at the relevant time was Rs. 50,000/ .

(2.) THIS Court in Khashti Devi v. Amar Nath and others (1994 ACJ 873) considered the question of applicability of S. 140 of the Act of 1988 in the cases where accident took place prior to the enactment of this Act, held :

(3.) WE have also he ard the appeal on merits and we are satisfied that in view of the law laid down by this Court in the aforesaid decisions, the amount of compensation to which appellants are entitled should be raised to Rs. 50,000/ . Accordingly, it is directed that the amount of compensation allowed by this Court vide its order dated 19.4.1995 in MA. No. 229 of 85 is enhanced from Rs. 20,000/ to Rs. 50,000/ . The balance amount shall be payable by the respondents jointly and severally with interest at the rate of 12% per annum from 19.4.1995 until payment. There shall, however, be no order as to cost in this petition. This MCC is disposed of as aforesaid.