KAMLESH AND OTHERS Vs. KALLU AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the claimants under Section 173 (1) of the Motor Vehicles Act against an award dated 27.2.2013 passed by VII MACT Gwalior, in Claim case No.28 of 2012. By the impugned award, the Claims Tribunal has awarded a total sum of Rs.5,55,000/- with interest to the claimants for the death of one Barjor Singh about 28 years of Age who died in vehicle accident on 7.12.2011. According to claimants, the compensation awarded is on lower side and hence, needs to be enhanced. It is for the enhancement of Rs.2,00,000/- in the compensation awarded by the Tribunal, the claimants have 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 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.

(3.) As observed supra, it is a death case. One Barjor Singh about 28 years of Age who died in vehicle accident on 7.12.2011 with Tractor bearing No.M.P.07 HA 6269 while he was returning to his house after handing over his pet to his brother Jagdish in his field near Jakhaudi giving rise to the filing of claim petition by legal representatives (appellants herein) out of which this appeal arises seeking enhancement of compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal after assessing income of deceased at Rs.4000/- per month and applying the multiplier of 15 and holding that he was spending 1/4rth on himself as personal expenses by impugned award partly allowed the claim petition filed by the claimants as statedand awarded a sum of Rs.5,55,000/- breakup of which is as under :-