SHAFI KHAN Vs. SUGANBAI

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 5.4.2005 passed by learned MACT, Indore in claim Case No. 217/2004. By the impugned award, the Tribunal has awarded a total sum of Rs.2,07,494/- with interest to the claimants for the death of one Mansoor, who died in vehicle accident. According to claimants, the compensation awarded is on 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 ? Heard counsel for both the parties.

(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, who is liable for paying compensation etc.. It is for the reason that firstly all these findings are recorded in favour of claimant by the Tribunal. Secondly, none of these findings though recorded in claimant's favour are under challenge at the instance of any of the respondents such as, owner/driver, or insurance company either by way of cross appeal or cross objection. In this view of the matter, it is not necessary to burden the judgment by detailing facts on these issues.

(3.) As observed supra, it is a death case. On 23.10.2003, Mansoor, aged 20 years, 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.2,07,494/-. It was held that monthly income of the deceased was Rs.3,000/- per month. After applying the multiplier of 12 and working out the dependency by applying the ratio of 2/3rd, the Tribunal worked out the compensation payable to claimants. In addition, the Tribunal also awarded amount towards conventional heads This is how the Claims Tribunal awarded a total sum of Rs.2,07,494/-.. 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.