SHANKAR Vs. DINESH

JUDGEMENT

(1.) This appeal by the claimants under Sec. 173(1) of the Motor Vehicles Act is arising out of the award dtd. 15/6/2021 passed by MACT, Jhabua in Claim Case No.76/2019 seeking enhancement of compensation awarded by the Tribunal.

(2.) The date of accident, negligence and the issue of liability are not in dispute and the findings recorded by the Tribunal in this regard are also not in question. As per the findings of the Tribuna, for the death of deceased Leelabai, the Tribunal has awarded a total compensation of Rs.5,74,000.00 along with interest to the claimant/dependents. The break up of the compensation amount is as under: <IMG>JUDGEMENT_146_LAWS(MPH)9_2023_1.jpg</IMG>

(3.) Learned counsel for the appellants submits that the Tribunal has committed an error in awarding adequate amount of compensation in this death case as the amount awarded by the Tribunal is on the lower side. Counsel for the appellant has submitted that the income of the deceased has been assessed on the lower side by the Tribunal at Rs.30000.00 per annum (i.e. Rs.2500.00 per month notionally) which ought to have been Rs.7,325.00 per month as has been held by the coordinate Bench in the case of Sapana vs. Mangilal (2021 ACJ 957) and in the case of Bhimsingh vs. Jagmelsingh in Miscellaneous Appeal No.5350/2022 decided on 7/7/2023. He further submits that the Tribunal has also committed an error in not awarding compensation under the head of consortium to all the dependents in the light of the judgment of the Apex Court in the case of Magma General Insurance Co. Ltd. vs. Nanu Ram & others, hence prays for just and proper amount of compensation in the case.