KIRAN KAURAV Vs. RAMSEWAK

JUDGEMENT

(1.) Challenging the validity and legality of the award dated 5.2.2013 passed by VII MACT, Gwalior in Claim case No. 90 of 2012, the appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 8,16,495/- with interest to the claimants for the death of one Devendra Singh Kaurav about 33 years of Age who died in vehicle accident on 19.3.2012. According to appellants, the compensation awarded is on lower side and hence, needs to be enhanced and hence, challenging the quantum of award passed by the Tribunal, the appellants have filed this appeal. So the question that arises for consideration is whether any case for enhancement of the compensation awarded by the Tribunal on facts/evidence adduced is made out and if so to what extent? 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.

(2.) As observed supra, it is a death case. On 5.2.2013 the deceased Devendra Singh Kaurav, Aged 33 years, met with a accident and died while he was going to Umri in connection with some government work on his Motorcycle, which was dashed by a Tavera bearing No. MP07-BA-2195. The legal heirs of the deceased filed the claim petition for seeking compensation for their husband, father and son's death. The case was contested by the respondent insurance company. Parties adduced evidence. The Claims Tribunal after assessing income of deceased Rs. 53433/- per annum 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 claimants and as stated supra, awarded a sum of Rs. 8,16,495/-, the breakup of which is as follows:--

(3.) Heard the arguments of both the parties and perused the record.