STATE OF MADHYA PRADESH Vs. SHANTIBAI HIRASINGH KUSHWAH

JUDGEMENT

(1.) THIS meritless appeal merits instant dismissal. Forceful argument of panel Lawyer Shri Agarwal has failed to move me to hold that interference in favour of the appellant is warranted in this appeal. Indeed, lamentably, the claim allowed being on the low side, it is the respondent who is rightly aggrieved, but it is not within my competence in this appeal to assist him liberally as there is no cross-appeal by her.

(2.) A healthy lad of 14 years, a bright student with a promising career, lost his life seven years ago. His mother preferred a claim under section 110-A of the Motor vehicles Act and she was awarded a petty sum of Rs. 25000/- only as compensation. State has appealed against the award, which must be labelled as a very unholy endeavour to deny her the poor pittance frugally granted against the claim of Rs. 1,80,000/ -. The deceased's father was earning at the relevant time, a monthly income of Rs. 1,000/- and he was well-disposed and equipped to educate his only child on whom, eventually, he and his wife had to depend in their old age. The claim awarded being on the low side, I see no reason for any interference in the appeal. The faint endeavour of Shri Agarwal to impugn the award on the ground that contributory negligence of the deceased has not been taken into consideration is also meritless. Because, a plain reading of the impugned judgment shows that the point did receive tribunal's consideration and the findings recorded against the State are unassailale inasmuch as the findings of fact are based on valid and cogent reasons.

(3.) IN the result, the appeal fails and is dismissed, but the State must be saddled wish exemplary costs for bringing the poor lady to this Court and causing her unnecessary harassment. It is also to be noted that the amount awarded was not paid to the claimant till about a year back and unfortunately only half the amount, albeit belatedly deposited, has actually been disbursed to the claimant. In this view of the matter, I award costs of Rs. 1,000/- against the State.