SUNITA Vs. SUMITRA

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award dated 22/12/2010 passed by III Motor Accident Claims Tribunal, Indore in Claim Case No. 61/10. By the impugned award, the Claims Tribunal awarded the compensation as Rs. 16,35,000/ - with interest to the claimants by way of compensation on account of death of one Kapil who died in a motor 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. 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 all these findings are recorded in favour of claimant 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 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. Break -up of the amount awarded is as under: -

(3.) LEARNED counsel for respondent/Insurance company submits that learned tribunal has taken into consideration the income as Rs. 1,12,626/ - which the deceased was getting from his profession. It is submitted that learned tribunal has also taken into consideration that deceased was having the income from National Saving Certificate @ Rs. 5,500/ - and from other heads which comes to Rs. 21,954/ - per year. It is submitted that deceased was having the share of Fortune Features Pvt. Ltd. which has been transferred in the name of appellant Nos. 1 and 2, therefore there is no loss of income on that account. On the contrary, the amount awarded is on higher side as deduction is made as 1/5th which ought to have been 1/3rd. It is submitted that appeal has no merits and the same be dismissed.