KALE KHAN GULAB KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short the 'act') by the claimant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Shivpuri, in Claim No. 16/84, directing to pay compensation of Rs. 15,000/- with interest at the rate of 12% p. a. for the death of one Kaloo Bai, the claimant's wife who died in a motor accident by the use of motor vehicle No. MPG 8140 on 27-4-1984.

(2.) THE Tribunal found that the deceased was a non-earning old disabled lady of 55 years of age having a hunch-back, hence a minimum amount of compensation fixed under Section 92-A of the Act, for 'no fault liability' cases was awarded.

(3.) SHRI N. D. Singhal, counsel for the appellant, took this Court to the statements of Kale Khan, P. W. 1 and Kashiram, P. W. 2, wherein the witnesses have stated that the deceased was getting monthly pension from the Government fixed for handicapped or disabled persons. Besides, the deceased was also earning Rs. 5 to Rs. 10 per day as vegetable vendor, while determining the compensation the Tribunal ignored this material evidence about earning of the deceased. Shri Singhal also submitted new section of M. V. Act, 1988, in cases of 'no fault liability' provides minimum amount of compensation as Rs. 25,000/-, therefore, in an appeal the amount deserves to be enhanced from Rs. 15,000/- to Rs. 25,000/ -. Learned counsel pressed into service a decision of this Court in Ramsingh v. Sheikh Sikandar, 1990 Vol. I MPWN 143, and a decision of the Supreme Court in Parmanand Katara v. Union of India, reported as a note in 1990 Vol. II MPWN 162.