SANGITA Vs. KAILASH

JUDGEMENT

(1.) HEARD on I.A. No. 4507/2010, which is an application for dispensing with service of respondent No. 1. The application is allowed. Service of respondent No. 1 is dispensed with. HEARD on merits. Being aggrieved by the award dated 15.5.2008 passed by Vllth M.A.C.T., Indore in Claim Case No. 11/2008, whereby claim petition filed by appellants was allowed and on account of death of one Nirmal compensation of Rs. 5,00,000/- was awarded holding respondents liable, present appeal has been filed.

(2.) SHORT facts of the case are that appellants, who are the legal representatives of deceased Nirmal filed a claim petition before the learned Tribunal alleging that on 30.9.2007 deceased was going on motor bike bearing registration No. MP-09-JK-7277 as a pillion rider alongwith three friends on two motor bikes, at that time Matador bearing registration No. MP-09-KA-0630 owned and driver by respondent No. 1 and insured with respondent No. 2, dashed the motor bike from back side. It was alleged that because of rash and negligent driving of respondent No. 1 deceased sustained injuries and was hospitalized at M.Y. Hospital, where he died. It was prayed that compensation be awarded. The claim petition was contested by respondent No. 2 on various grounds including on the ground that no accident was occurred. After framing of issues and recording of evidence learned Tribunal allowed the claim petition and awarded Rs. 5,00,000/- as compensation, breakup of which is as under : <IMG>JUDGEMENT_41_MPJR1_2011Image1.jpg</IMG>

(3.) AFTER taking into consideration all the facts and circumstances of the case, this Court is of the view that case for further enhancement is made out. In view of this appeal filed by the appellants is allowed and the cross- objections filed by respondent No. 2 stands dismissed. In my opinion, it will be proper to enhance the compensation by another 1,47,500/-. In other words, in view of this, the claimants are held entitled for a total sum of Rs. 6,47,500/ - by way of compensation for the death of deceased Nirmal in the accident. The amount awarded shall be deposited by the Insurance Company with the learned tribunal and the learned tribunal is directed to invest 80% of the said amount on long term fixed deposit in the name of appellant No. 1 in the nearest Nationalized Bank, in the area where the appellant No. 1 is residing, with the condition that the bank will not permit any loan or advance. Interest on the said amount shall be credited on monthly basis in S.B. Account 6f appellant No. 1, which shall be opened by the appellant No. 1 from where appellant No. 1 can withdraw the amount as per her needs. However, on an application by the appellant No. 1 this condition could be modified by the learned tribunal in exceptional circumstances such as educational and marital needs of appellant Nos. 2 to 5, if made out by the appellant No. 1. The enhanced amount of Rs. 1,47,500/- shall carry interest @ 8% p.a. No order as to costs.