PHOOL KUNWAR BAI Vs. SOURAB KHAN

JUDGEMENT

(1.) The decision rendered in this appeal shall also govern disposal of other connected appeal being M.A. No. 2340 of 2003, because both these appeals arise out of one accident.

(2.) This is an appeal filed by the claimants, who are legal representatives of the deceased under section 173 of Motor Vehicles Act against an award dated 18.9.2003 passed by learned Additional Member, Motor Accidents Claims Tribunal, Kukshi in Claim Case No. 83 of 2002. By impugned award, the Tribunal has awarded a total sum of Rs. 5,37,148 with interest to the claimants for the death of one Kailash Chandra, who died in vehicle 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?

(3.) Heard Mr. S. Patwa, learned counsel for the appellants and Ms. Madhu Bhatia, learned counsel for insurance company, respondent No. 3.