GALIYA Vs. DARBAR

JUDGEMENT

(1.) Being aggrieved by the award dated 30.8.2010 passed by Additional MACT, Kukshi, District Dhar in Claim Case No. 13/10 whereby claim petition filed by the appellants for compensation on account of death of Guddibai in a motor accident which took place on 28.2.2010 was allowed and compensation of Rs. 3,62,000 was awarded and respondent No. 3 was exonerated, present appeal has been filed.

(2.) Learned Counsel for the appellants argued at length and submits that the learned Tribunal committed error in exonerating respondent No. 3 from payment of compensation. It is submitted that since the offending vehicle was insured, therefore, even if the respondent No. l was not possessing valid driving licence for driving transport vehicle, then at the most right of recovery could have been given to the respondent No. 3. It is submitted that it was not a case where respondent No. 3 could have been exonerated. So far as amount of compensation is concerned, learned Counsel submits that since the accident took place in the year 2010, therefore, amount awarded by the learned Tribunal is grossly inadequate. It is submitted that the learned Tribunal assessed the income of the deceased @ Rs. 3,000 per month which is on lower side and the deduction towards personal expenses is also on higher side. It is submitted that on other heads also amount awarded is on lower side. It is submitted that in the facts and circumstances of the case, appeal filed by the appellants be allowed and the amount of compensation be enhanced and the findings whereby respondent No. 3 has been exonerated be set aside.

(3.) Learned Counsel for respondent No. 2 submits that the cross-objection has been filed by the respondent No. 2 along with an application for taking document on record. It is submitted that since the respondent No. 1 was ex parte before the learned Tribunal, therefore, licence could not be produced before the learned Tribunal. It is submitted that the driving licence has been filed by the respondent No. 2 before this Court along with an application. It is submitted that the application be allowed and the documents be taken on record and the cross-objections filed by respondent No. 2 be also allowed. So far as amount of compensation is concerned, learned Counsel submits that the amount awarded by the learned Tribunal is just and proper which requires no interference. It is submitted that the appeal be dismissed.