OMVATI & ORS Vs. BADRIPRASAD & ANR

JUDGEMENT

(1.) Claimants have come up in appeal under Section 173 of the Motor Vehicles Act against an award, dated 30.7.2001, passed by learned Member, Motor Accident Claims Tribunal, Shajapur (M.P.) in Claim Case No. 30 of 2001. By impugned award, the learned Member of Claims Tribunal has awarded a total compensation of Rs. 2,63,000 together with interest at the rate of 9% per annum for the death of one Ghanshyam . According to claimants (i.e. appellants herein) who are legal representatives of deceased Ghanshyam , the compensation awarded by the Tribunal is on lower side and hence, need to be enhanced so as to make it reasonable, adequate, proper and in conformity with the provisions of Motor Vehicles Act. It is essentially for this reason, the claimants have filed this appeal claiming enhancement. So the short question that arises for consideration in this appeal is, whether any case for enhancement in the compensation awarded by the Tribunal is made out and if so, to what extent

(2.) In view short controversy involved in the appeal, it is really not necessary to take note of the facts in detail except those which are necessary. It is also for the reason that findings in relation to nature of accident, how it occurred, who was responsible for causing death, liability etc. are decided in favour of claimants by the Tribunal. In the absence of any challenge to these findings by the respondents, by not filing any cross-appeal or cross-objection, these findings have become final.

(3.) The deceased Ghanshyam who died in motor accident was aged 35 years was an agriculturist as also doing part time work of priest. The Tribunal on appreciation of oral evidence adduced by the claimants held that deceased s monthly income is Rs. 2,000. After making deduction and applying the multiplier of 16, determined a sum of Rs. 2,63,000 which included compensation payable under conventional heads. It is against this determination, the claimants have felt aggrieved and filed this appeal.