BHANGADIBAI Vs. UNITED INDIA INSURANCE CO.LTD.

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 10.3.2011, passed by 2nd Additional MACT, Kukshi in claim case No. 160/2010. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 4,15,000.00 with interest to the claimants for the death of one Prem Singh, who died in motor vehicle accident. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent?

(2.) It is not necessary to narrate the entire fact in detail such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of claimants by the Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/driver or Insurance Company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) As observed supra, it is a death case. On 12.1.2010, Prem Singh, aged 31 years, met with a motor accident and died, giving rise to filing of claim petition by legal representatives (appellants herein) out of which this appeal arises seeking compensation for his death. The case was contested by the respondents. Parties adduced evidence. Learned Counsel for the appellants submits that deceased was mansion and income of the deceased was Rs. 3000.00 per month bur for the purpose of computation of death the income was assessed @ Rs. 2,500.00 and after deducting 1/4th multiplier of 18 was applied and the learned Tribunal awarded compensation of Rs. 4,15,000.00. breakup of which is as under: <FRM>JUDGEMENT_559_TLMPH0_2011_1.html</FRM>