VANDANA UKEY Vs. MOHD AMEEN

JUDGEMENT

(1.) The appellants"claimants have preferred this appeal under Section 173 (1) of the Motor Vehicles Act of 1988, in short "the Act", for further enhancement of the sum awarded by the Additional M.A.C.T., (Fast Track Court), Bhopal in MVC No. 1564/07, vide award dated 30.6.2008, whereby the claim of the appellants regarding death of Hemraj, the husband of the appellant No. 1, while the son of appellant Nos. 2 and 3 and the brother of appellant No. 4 and the father of appellant No. 5 in the alleged vehicular accident happened on 17.5.07 has been awarded against respondent Nos. 1 to 3 by saddling their joint and several liability to indemnify the sum of Rs. 6,40,300/- along with the interest @ 6% p.a. from the date of filing the claim petition, i.e. 2.7.07 with some direction of apportionment of the awarded sum among the claimants-appellants.

(2.) It is apparent fact that this appeal is preferred on behalf of the appellants-claimants by relying on all other findings of the impugned award only for enhancement of the sum awarded by the tribunal and no appeal at the instance of any of the respondents challenging the impugned award is preferred. In such premises, the findings of the tribunal holding the respondent No. 1 -driver of the offending vehicle bearing registration No. MH-04-BG-1525 to be negligent in driving such vehicle on the date of accident in which said Hemraj sustained the injuries and during treatment succumbed to the same and also the finding holding the aforesaid vehicle was duly ensured with the respondent No. 3 and registered in the name of respondent No. 2 do not require any reconsideration at this stage. In such premises mentioning the entire facts of the case in this order are not necessary to adjudicate this appeal, hence this order is being passed only by mentioning the facts necessary to adjudicate this appeal.

(3.) As per case of the claimants at the time of accident the deceased was working as apprentice for two years in the M.Tech Auto Ltd., Mandideep from where he was getting Rs. 7,000/-per month as stipend allowance. Accordingly he was expert of some technical job and as per further averments of the claim petition all the appellants were dependents on the deceased and due to his untimely death, they have been deprived from their dependency. It is also stated that looking to the qualification of the deceased, he had bright future and prospects. After completing the apprenticeship, he might have earned more than the sum in comparison of the aforesaid stipend allowance. In such premises, the appellants preferred their claim for the sum of Rs. 61 lacs along with the interest @ 12% p.a.