SURTAN Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS Miscellaneous Appeal, filed under Section 110-D of the Motor Vehicles Act, is directed against the Award dated 5.3.1983 passed by the Member, Motor Accident Claims Tribunal, Jhabua in Claim Case No. 1/80. The claimants were granted an amount of Rs. 3,000/- as compensation. They have come up in this Court for enhancement.

(2.) BRIEFLY stated the facts of the case are that truck bearing registration No. GTY 3838 is owned by the respondent No. 1. At the relevant time, it was being driven by the respondent No. 2, Shantilal. It was also insured with the respondent No. 3. On 13.10.1979 the respondent No. 2 drove the aforesaid truck rashly and negligently and knocked down Mariya daughter of appellants/claimants, aged 12 years, who succumbed to the injuries on the spot. The claimants filed the claim petition seeking compensation of Rs. 35,000/-. The respondents denied their liability and contended their impeccability. The Tribunal, after evaluation of evidence, found that the respondent No. 2 was guilty of negligent and rash driving and he committed the act resulting in injuries and eventual death. The Tribunal, thus, came to the conclusion that the respondents were jointly and severally liable to pay compensation of Rs. 3,000/- together with interest at the rate of 4% p.a. Feeling aggrieved by the inadequacy, the claimants have preferred this appeal.

(3.) SHRI Neema submitted that the amount of compensation awarded in this case is too low, and is also against the intention of the Parliament as regards the compensation payable even in case of 'no fault liability'. He submitted that although, the concept of 'no fault liability' is introduced in the Act subsequent to the date of accident in the instant case, it would be just and proper to apply the same principle even in such cases so as to make the Award appear reasonable. Shri Neema also submitted that the rate of interest allowed in this case is also low and deserves to be enhanced.