SUNITA Vs. RASHID KHAN

JUDGEMENT

(1.) This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 30.11.2007 passed by Twentieth M.A.C.T., Indore in Claim Case No. 35 of 2007. By impugned award, the Tribunal has awarded a total sum of Rs. 7,31,000 with interest to the claimants for the death of one Babulal, who died in vehicular accident. According to claimants, the compensation awarded is on lower side and hence, needs to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal that the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Claims Tribunal on facts/evidence adduced is made out in the compensation awarded and, if so, to what extent?. 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 the 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.

(2.) As observed supra, it is a death case. On 7.12.2005, Babulal, aged 28 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. The Claims Tribunal by impugned award partly allowed the claim application filed by the claimants and, as stated supra, awarded a sum of Rs. 7,31,000, break-up of which is as under:

(3.) Learned counsel for the appellants submits that income of the deceased was assessed at Rs. 5,000 per month and after deducting 1/4th towards personal expenses the compensation has been awarded. It is submitted that the income of the deceased ought to have been assessed at Rs. 8,000 per month. It is submitted that deduction of 1/4th is on higher side, which ought to have been 1/5th. Learned counsel submits that deceased was having his own truck bearing registration No. MP 04-K 6477, which was purchased by the deceased after taking loan. It is submitted that deceased was paying instalment of Rs. 15,666 regularly. It is submitted that the deceased also paid road tax quarterly at Rs. 3,700. It is submitted that the deceased was having agricultural land of his own apart from the land of joint Hindu family. It is submitted that in the facts and circumstances of the case income assessed is on lower side and on other heads also the amount awarded is grossly inadequate. It is submitted that the appeal be allowed and the amount be enhanced.