HAZRABAI Vs. PURSHOTTAM

JUDGEMENT

(1.) THIS appeal, presented under Section 110-D of the Motor Vehicles Act, is directed against the quantum of Award dated 19.10.1981 passed by the Member, Motor Accident Claims Tribunal, Ujjain, in Claim Case No. 32 of 1979.

(2.) THE factual matrix in brief is that respondent No. 1 owned the bus bearing registration number MPH 9191. It was insured with respondent No. 2, The New India Insurance Co. Ltd., Ujjain. At the relevant time it was driven rashly and negligently by Abdulgani. On 15.6.1979, this bus knock down one Alam and caused his death by accident. The Legal Representatives of the deceased Alam presented the claim petition seeking compensation of Rs. 7,00,000/-. The respondents resisted the claim and pleaded their impeccability. The Tribunal on evaluation of the evidence granted compensation of Rs. 2.2,500/- together with interest @ 6% per annum from the date of application dated 23.7.1979 till realisation. Aggrieved by the quantum of the Award, the appellants have preferred this appeal seeking enhancement.

(3.) SH . K.S. Sharma, learned Counsel for the appellants strenuously submitted that the Award amount is too low and deserves to be enhanced reasonably. He also submitted that even the interest is very low and this too merits upward revision. Mr. Dhupar, learned Counsel on the contrary supported the Award and submitted that there is no ground to interfere in the same.