ANITA Vs. JASWANT SINGH

JUDGEMENT

(1.) Heard finally with consent. The appellant have preferred this Misc. Appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (in short MV Act) for enhancement of compensation awarded by 15th MACT Indore vide award dtd. 29/9/2010 in claim case No. 103/2009 whereby an amount of Rs.5,49,268.00 has been awarded to the claimants.

(2.) Brief facts of the case are that on 6/9/2008 at about 9 pm victim Mohan Singh was going on his motorcycle carefully, at that time, respondent no.1 hit him by his motorcycle bearing registration No. MP-09-JZ-9637 which has been driven by him rushly and negligently due to which Mohan Singh sustained fatal injuries. He was admitted in hospital but his health condition was deteriorated. He filed a claim case for compensation before the below tribunal, but during pendency of the claim case, Mohan Singh died.

(3.) This court vide order dtd. 14/11/2011 passed in MA No. 323/2011 has remanded the matter back to the below tribunal for a limited purpose to adduce evidence, if any, for enhancement of compensation and for treating the case as of death case. In compliance of the direction issued by this court the below tribunal has again passed the award dtd. 10/5/2013 by which it has been held that there was no nexus between victim's injuries and his death and it is not proved that deceased was died due to the injuries suffered in the road accident. The below tribunal earlier vide award dtd. 29/9/2010 partly allowed the claim case by passing an award of Rs.5,49,268.00 towards the compensation with interest @ 6% per annum. Being aggrieved by the findings given by the below tribunal in both the awards this appeal has been preferred by the appellants.