DEV KANYA Vs. JAGGU

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award, dated 29.8.2002, passed by learned Additional Member, Motor Accident Claims Tribunal, Ujjain in Claim Case No. 24 of 2001.

(2.) THE only question that arises for consideration in this appeal is, whether any case for enhancement in compensation awarded by the Tribunal is made out or not?

(3.) IT is death case. One Bane Singh, aged 30 years died in vehicle accident on 19.12.2000 while travelling in tractor/trolley. He was claimed to be a Mistry (masson) and was engaged in civil work on daily wages. The legal representatives of Bane Singh (appellants herein) filed a claim petition out of which this appeal arises claiming compensation for the death of Bane Singh. The claim was resisted by the non-applicants. Parties adduced evidence. However by impugned award, the Tribunal allowed the claim in part and awarded a total sum of Rs. 1,85,000 together with interest at the rate of 9% p.a. from the date of application till realization. It was also held that company is liable to discharge the liability arising out of the accident and hence, award was passed also against the company. It is against this award, the claimant has filed appeal seeking enhancement in the compensation awarded to the claimant.