DILIP Vs. ASHA

JUDGEMENT

(1.) The claimants/appellants vide Award dated 08.09.2005 passed by XXth Additional Motor Accident Claims Tribunal, Indore in Claim Case No.95/2003 have been awarded compensation to the tune of Rs.84,000-00 along with directions for disbursement. The directions for disbursement are not the subject matter of this appeal and this appeal is confined only to the challenge as to inadequacy of the above amount of compensation. That compensation came to be awarded to the claimants/ appellants consequent to their presentation a claim petition in the fatal road accident case of their two year child.

(2.) The learned counsel for the appellants relying upon [Neema Jha v/s Manju Devi and another, 2005 ACJ 610] submitted that the case deserves admission to secure enhancement of the above amount. Accordingly he emphasized in favour of admission of this appeal under Section 173 of the Motor Vehicles Act.

(3.) In Neema Jha v/s Manju Devi and another it has been held as in number of decisions as in Nitin Walia v/s Union of India, 2001 ACJ 462; Kader Kunju v/s Maheswaran Pada Nair, 2000 ACJ 524 ; Nagesha v/s M.S.Krishna, 1998 ACJ 467; and Shashendra Lahiri v/s UNICEF, 1998 ACJ 859 there cannot be any hard and fast rule or a straitjacket for the purpose of computing, assessing the quantum of compensation and that depends upon the position and circumstances in each individual case.