NEW INDIA ASSURANCE LTD Vs. KAMALSINGH SISODIYA

JUDGEMENT

(1.) This appeal by the insurance company under Sec. 173(1) of the Motor Vehicles Act is arising out of the award dtd. 7/2/2023 passed by 8th MACT, Ujjain in claim case no.161/2020 challenging quantum of compensation and seeking reduction.

(2.) The date of accident, negligence and the issue of liability are not in dispute in this appeal and the findings recorded by the Tribunal in this regard are not in question. As per the finding of the Tribunal, for the death of Chetan, the Claims Tribunal has awarded a total compensation of Rs.16,29,040.00 in favour of claimants/respondents No.1 and 2 along with interest from the date of filing of claim petition till its realization.

(3.) This appeal has been filed by the insurance company mainly on the ground that Tribunal has committed an error in holding that 16 years old boy (deceased) is an unskilled labour. He submits that the compensation awarded by the Tribunal is on the higher side. He further submits that it is true that Motor Vehicles Act is a social welfare Act, however, its provisions clearly indicate that the compensation must be just and proper and it cannot be a bonanza or as a source of profit but the same should not be a pittance. The Tribunal has committed error in weighing various factors and quantifying the amount of compensation which should be just.