KANTA BAI Vs. NANDRAM

JUDGEMENT

(1.) THE is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 18.11.2010 passed by Motor Accident Claims Tribuanl. Ratlam in Claim Case No. 102/09. By the impugned award. Claims Tribunal has awarded a total sum of Rs. 3,75,000/ - with interest to the claimants for the death of one Madhusingh who died in 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 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.

(3.) LEARNED counsel for the appellant submits that in a motor accident which took place on 21.1.2009, one Madhusingh died. It is submitted that for the purpose of computation of loss of dependency, learned tribunal assessed the income @ Rs. 100/ - per day and after deducting 1/3rd personal expenses, applied the multiplier of 15. It is submitted that income assessed is grossly inadequate and in other heads also the amount awarded is on lower side. It is prayed that appeal be allowed and amount be enhanced.