TARA Vs. SOBANSINGH

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under section 173 of motor Vehicles Act against an award dated 10. 8. 2004 passed by Second Motor Accidents claims Tribunal, Indore in Claim case No. 331 of 2002. By the impugned award, the Tribunal has awarded a total sum of Rs. 2,80,000 with interest to the claimants for the death of one Nitesh, who died in vehicular accident. According to claimants, the compensation awarded is on a lower side and hence, it needs to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the claimants have come up in appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence is made out in the compensation awarded and if so to what extent? and, secondly, whether the Tribunal was justified in exonerating the insurance company from the liability?

(2.) IT is not necessary to narrate the entire facts in detail such as how the accident occurred, who was negligent in driving the offending vehicle. It is for the reason that firstly all these findings are recorded in favour of claimants by Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/driver or the insurance company either by way of cross-appeal or cross-objection. In this view of the matter, we do not wish to burden our judgment by detailing facts on all these issues.

(3.) AS observed supra it is a death case. On 11. 6. 2002 one Nitesh aged around 24 years, a young boy met with a motor accident and died giving rise to filing of claim petition by his parents, i. e. , mother and father seeking compensation for his death out of which this appeal arises. The matter was contested by the respondents. Parties adduced evidence. By impugned award the tribunal partly allowed the claim petition. The Tribunal by impugned award awarded a total sum of Rs. 2,80,000. It was held that deceased's income was Rs. 3,000 per month. Deducting 1/3rd as personal expenses and applying multiplier of 13, Tribunal awarded compensation at Rs. 2,70,000. In addition to this, a sum of Rs. 10,000 was also awarded towards consortium under the conventional heads of compensation. This is how a total sum of Rs. 2,80,000 was awarded. It is this determination which is sought to be impugned in this appeal by the claimants contending that it is on lower side.