RAMCHANDRA Vs. NATHASINGH

JUDGEMENT

(1.) This Misc. Appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 has been filed by the appellants assailing the impugned award dtd. 10/5/2019 passed by II Additional Member Motor Accident Claims Tribunal, Sendwa (M.P.) in Claim Case No.36/2017, whereby an amount of Rs.4,08,000.00 along with interest @ 7% from the date of filing of the claim petition i.e. 6/2/2017 has been awarded in favour of the appellants/claimants with regard to the death of the deceased Sarita @ Savita aged about 15 years in a road traffic accident involving a truck bearing registration no.KA-41-A-1072 driven rashly and negligently hitting the deceased from the back side resulting in serious injuries which are proved fatal.

(2.) Learned counsel for the appellants submits that the amount awarded by the Tribunal is on the lower side. The income of the deceased has been taken as Rs.4,500.00 without any basis whereas as per the prevailing circular issued by the Labour Department under the Minimum Wages Act, the income of an unskilled labour comes to Rs.6,850.00 No amount has been awarded in the head of future prospects which according to the age of the deceased should be 40% in view of the guidelines issued by the Apex Court in para 59.4 in the case of National Insurance Company Limited Vs. Pranay Sethi and Others reported in (2017) 16 SCC 680. He further submits that no amount in the head of consortium has been awarded by the Claims Tribunal which should be awarded to the mother and father both which comes of Rs.80,000.00. He further submits that multiplier of 14 has been applied whereas it should be 18 looking to the age of the deceased as per para 42 in the case of Smt. Sarla Verma Vs. Delhi Transport Corporation reported in (2009) 6 SCC 121. On these submissions prays for enhancement of the compensation amount.

(3.) Per contra, learned counsel for the Insurance Company submits that learned Claims Tribunal has properly appreciated the evidence available on record and therefore, the impugned award needs no interference. The amount awarded is just and proper in the facts and circumstances of the case and prays for dismissal of the appeal.