VAIJANTI BAI Vs. MPSRTC

JUDGEMENT

(1.) THIS Appeal is by the Appellants/claimants in Claim Case No. 105/1989 on the file of the Motor Accident Claims Tribunal, Ujjain being aggrieved by the judgment and award dated 19.12.2000.

(2.) THE Appellants-claimants are the widow, four sons and aged mother of one Hiralal who was a tailor carrying on business in the name and style of Vishal Tailor at Indore Cloth Market. He died in a motor accident involving two vehicles, that is MPSRTC bus bearing No. CPW 7050 (belonging to first Respondent and driven by second Respondent) and Matador Van bearing No. CPI 9457 (of which third Respondent is the owner, fourth Respondent is the driver and the fifth Respondent is the insurer). The Appellants-claimants by filing the said claim petition, claimed a compensation of Rs. 1,50,000/-. After appreciating the evidence, the Tribunal assessed the compensation as Rs. 1,67,000/- but restricted the award to Rs. 1,50,000/- as the amount claimed in the claim petition was only Rs. 1,50,000/-. The Tribunal, however, awarded an interest at the rate of 12% per annum on the amount awarded from 7.9.1989 till the date of payment.

(3.) THE fact that Tribunal can award in excess of what is claimed in the claim petition in appropriate cases, having regard to the fact that the Tribunal is required to award just compensation, is not seriously disputed by the respondents. Therefore, the only question that arises for consideration is whether the compensation awarded is low and whether it should be increased.