SHYAMABAI Vs. DARSHANDEVI

JUDGEMENT

(1.) APPELLANTS by Mrs. Archana Kher with Mr. Sameer, Advocates. Respondent No. 3 by Mr. B.K. Joshi, advocate. Being aggrieved by the inadequacy of the amount awarded vide award dated 26-6-2004 passed by MACT, Indore in claim case No. 150/02 whereby a sum of Rs. 2,30,000/- has been awarded along with interest @ 9% annum, the present appeal is filed.

(2.) SHORT facts of the case are that the appellants are the dependants of deceased Damodar who passed away in a motor accident. After his death a claim petition was filed by the appellants along with one Dongarbai against the respondents wherein a sum of Rs. 2,30,000/- has been awarded along with interest @ 9% per annum. Learned counsel or the appellants submits that looking to the age of the deceased which was 36 years amount awarded is on lower side, it is also submitted that income of the deceased was assessed Rs. 2,000/- per month while there was a certificate of the employer to the effect that the deceased was working as Driver and getting the salary of Rs. 4,000/- per month. In view of this, the amount awarded is on lower side. Learned counsel submits that the break-up of Rs. 2,30,000/- is as under :

(3.) IT is true that Dongarbai is one of the claimants who has not been impleaded as party herein. But it does not mean that only on that ground this appeal has to be rejected. If out of number of claimants, one of the claimants is satisfied by the award passed by the learned tribunal and chooses not to further challenge the award for enhancement then, the right of other claimant who has challenged will not affect in any manner on that account.