STATE OF M.P. Vs. MANUBAI

JUDGEMENT

(1.) THIS is an appeal filed by the non-applicant/State under Section 173 of the Motor Vehicles Act against an award, dated 17.4.2002, passed by learned 1st Additional Member, Motor Accident Claims Tribunal, Shajapur in Claim Case No. 107 of 2001. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,79,000 to the claimants for the death of one Kalu Ram. According to State i.e., non-applicant in the Tribunal, the impugned award is had in law and hence, the same is liable to be set aside. So, the short question that arises for consideration is, whether Tribunal was justified in awarding sum of Rs. 2,79,000 to the claimants on the facts found?

(2.) HEARD Mr. S.D. Bohra, learned Deputy Government Advocate for the appellant-State and Mr. M. Jain, learned Counsel for the respondent Nos. 1 to 4.

(3.) IT is a death case where one Kalu Ram, aged 35 years while in Government service (driver) died on 20.4.2001 in car accident. An application was, therefore, filed under Section 163A of the Motor Vehicles Act, claiming compensation for his death by his legal representatives out of which this appeal arises. The case was contested by State. Parties adduced evidence. However, the Tribunal partly allowed the claim petition and as mentioned supra, awarded a total sum of Rs. 2,79,000. It is this determination which is impugned by State in this appeal.