NEETU JAIN Vs. SITARAM

JUDGEMENT

(1.) Appellants-claimants had filed an application under section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act' for short) for the award of compensation initiating the proceedings arising out of an accident involving a motor vehicle, a tanker lorry/ truck bearing its registration No. GTS 6130 wherein Manoj Kumar Jain, son of appellant Nos. 2 and 3 and husband of appellant No. 1, had met with untimely death at the age of 29 years.

(2.) The Motor Accidents Claims Tribunal, Jabalpur, on consideration of the evidence and the materials brought on record by the various parties, had determined that the present appellants, i.e., the wife and parents of the deceased were entitled to an amount of Rs. 3,02,400 towards loss of dependency, Rs. 5,000 towards loss of consortium and Rs. 2,000 for the expenses of the last rites of the deceased, total of which comes to Rs. 3,09,400. Rounding up the figure, the Tribunal awarded a total sum of Rs. 3,10,000 specifying that the driver, owner and the insurance company shall be liable to pay the compensation jointly and severally. The learned Tribunal also awarded interest on the aforesaid amount at the rate of 9 per cent per annum with an embargo that the appellants shall not be entitled to interest for a period of two years as they themselves are responsible for the delay in the disposal of the case.

(3.) Feeling aggrieved by the aforesaid award wife and the parents of the deceased have filed the present appeal seeking enhancement of the amount of compensation to Rs. 3,88,800 instead of Rs. 3,02,400.