BHANGDIBAI 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 facts 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 claimant's 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.) LEARNED counsel for the appellants submits that income of the deceased ought to have been assessed @ 150.00 per day as the deceased was a labourer and the accident of the year 2010. Learned counsel submits that on other heads also the amount awarded by the learned tribunal is on lower side. It is submitted that since the defendants are six in number, therefore l/5th amount ought to have been deducted on account of loss of dependency. It is submitted that appeal filed by the appellant be allowed.