KAMLABAI Vs. SOBHANSINGH

JUDGEMENT

(1.) This is an appeal filed by the claimants under section 173 of the Motor Vehicles Act against an award dated 10.8.2004, passed by Second Motor Accidents Claims Tribunal, Indore in the Claim Case No. 366 of 2002. By impugned award, the Tribunal has awarded a total sum of Rs. 2,80,000 with interest to the claimants for the death of one Rajesh, 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 Tribunal was justified in exonerating the insurance company from 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 Rajesh 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. Claims Tribunal by impugned award awarded a total sum of Rs. 2,80,000. It was held that the deceased's monthly income was Rs. 3,000. Deducing '/3rd for personal expenses and applying multiplier of 13 the Claims Tribunal awarded a compensation of Rs. 2,70,000. In addition to this, a sum of Rs. 10,000 was awarded for consortium. 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.