SAJJANBAI Vs. MANISH

JUDGEMENT

(1.) SINCE the dispute between the parties is only with regard to the just compensation, with the consent of the parties, after granting condonation of delay of one day in filing this appeal, the appeal itself was finally heard.

(2.) BY this appeal the appellants seek enhancement of the compensation awarded by the 17th Motor Accident Claims Tribunal, Indore, vide award dated 26th October, 2004 in Claim Case No. 330/2002, the appellants as the legal representatives of deceased Harakchand applied under Section 166 of the Motor Vehicles Act for compensation of Rs. 15.00 lacs but on the basis of the material brought on record, the Tribunal has awarded a total compensation of Rs. 5,80,000. Finding that the compensation is inadequate, the appellants have appealed to this Court under Section 173 of the Motor Vehicles Act.

(3.) THE respondent Nos. 1 and 2 resisted the claim. According to them deceased Harakchand was intoxicated and driving his motorcycle recklessly in a zig zag way under the influence of drinks with the result he collided with the motorcycle of respondent No. 1 but since the deceased was a Head Constable in the Police Department, the Police, in order to screen him from his fellonious acts and to favour him, falsely proceeded against the respondent No. 1. It was pleaded that both motorcyclists did not possess valid licence for driving the vehicle. On these premises it was prayed that the applicant's application be dismissed.