CHANDA DEVI Vs. PRADEEP KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by the claimants who are legal representatives of the deceased under section 173 of the Motor Vehicles Act against an award dated 26.2.2004, passed by learned 5th Additional Member, Motor Accident Claims Tribunal, Ratlam in Claim Case No.6 of 2003. By impugned award, the Tribunal has awarded a total sum of Rs.58,676/ - with interest to the claimants for the death of one Subhash, 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?

(2.) HEARD Shri S.L. Gwaliori, learned counsel for the appellants and Shri S.Y. Dandwate, learned counsel for respondent No.3 - Insurance Company.

(3.) AS observed supra, it is a death case. On 29.6.2000, Subhash, aged around 40 years, a Tempo Operator by occupation, met with a Motor Accident and died, giving rise to filing of claim petition by his legal representatives (appellants herein) out of which this appeal arises seeking compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and as stated supra, awarded a sum of Rs. 58,676/ - by way of total compensation to the claimants. It was held that since the claimants i.e. widow and children were not dependent upon the earning of deceased and hence, not entitled to claim any compensation (para 17 of impugned award). It was, therefore, held that claimants are not entitled to claim any compensation except a sum of Rs. 58,676/ - which they incurred towards medical expenses for the treatment of deceased prior to his death. It is against this determination, the claimants have filed this appeal contending inter alia that compensation awarded to claimants is on lower side and hence, it be enhanced. Likewise, the insurance company (respondent No.3) has filed cross objection (IA No.10795/05) challenging the finding in relation to income determined by the Tribunal in favour of claimants.