SMT. GANGABAI Vs. BABULAL AND OTHERS

JUDGEMENT

(1.) This appeal has been filed u/s 110D of the Motor Vehicles Act against the Award dated 24-1-80 passed by the Motor Accident Claims Tribunal, Khandwa, in Motor Accident Claim Case No. 13/77 for enhancement of the Award from Rs. 20,000.00 to Rs. 51,500.00as was claimed before the Tribunal.

(2.) The appellant/claimant is the widow of the only legal representative of deceased Anokhilal who was serving as Head Master in a Government school drawing a total salary of Rs. 490.00 P.M. Anokhilal died in an accident on 5-6-77 due to the rash and negligent driving of the respondent no. 1 of truck No. M P.O. 9628, owned by the respondent no. 2 and insured by the respondent no. 3. The Tribunal awarded an amount of Rs. 18,000./- for pecuniary loss and Rs. 2000.00 for loss of consortium. It is not disputed that on the date of the death of Anokhilal he was aged about 45 years 6 months and that he would have retired from the service at the age of 60 years.

(3.) It is submitted by the Counsel for the appellant that the amount of Rs. 150.00 P.M. assessed as loss of income to the family, is not a proper assessment. His submission is that an amount of Rs. 2000.00 as loss of consortium is very meagre. It is also submitted that due to the loss in purchasing capacity of money the amount of compensation is very inadequate. He has relied on Srisailam Devastanam Vs. Bhavani Pramilamma, AIR 1983 AP 297., N. Sivammal Vs. Managing Director, Pandian Roadways Corporation, AIR 1985 SC 106. and Manjushri Vs. B.L. Gupta, AIR 1977 SC 1158.. The submission is that late Anokhilal would have survived upon the age of 70 years and would have continued to contribute to the family till his death.