RAJKUMARI BAI AND ANOTHER Vs. BALARAM AND OTHERS

JUDGEMENT

(1.) Assailing the award dated 01.05.2009 passed by the Additional Motor Accident Claims Tribunal, Guna in Claim Case No.69/2008 on the point of inadequacy of the compensation, the appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for an accident took place on 06.10.2007 and for the death of a child, namely, Monica aged about 10 years. The claimants have filed the claim petition under Section 166 of the Motor Vehicles Act, 1988. It is pleaded that the deceased child was a brilliant one and having a good career in future who died in the accident leaving all the family members, however an amount of Rs.7,00,000/- as compensation was prayed for.

(2.) The reply to the claim petition was filed and after recording the evidence, the Claims Tribunal awarded a total sum of Rs.1,71,500/- accepting the notional earning of Rs.15,000/- per annum after making necessary deductions and applying the multiplier on the age of mother and father. The Tribunal has also awarded some amount in conventional heads i.e. funeral, loss of estate, love and affection by the impugned award.

(3.) As the incident occurred, negligence of driver of driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellants by the Tribunal and none of those findings have been assailed at the instance of the respondents i.e. owner, driver or insurance company by filing the cross-appeal or the cross-objection, however it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paragraphs.