JAWLIBAI & ORS Vs. CHANDRAKANT & ORS

JUDGEMENT

(1.) This is an appeal filed by the claimants under Section 173 of Motor Vehicles Act against an award dated 8.1.2003 passed by learned MACT, Jhabua in Claim Case No. 251/2001. By impugned award, the Tribunal has awarded total sum of Rs. 50,000 for the death of one Kukka Solanki. This appeal is filed by claimants for enhancement as according to claimants, the compensation awarded to claimants by the Tribunal is on lower side and it should be enhanced in this appeal. So the question that arises for consideration in this appeal is whether any case is made out for enhancement in the compensation awarded by the Tribunal and if so to what extent and under what head(s)?

(2.) It is not necessary to narrate facts in detail such as how the accident occurred, who was negligent in driving the offending vehicle or claimant or who is liable to pay compensation, etc. and whether offending vehicle is insured or not? It is for the reason that firstly, all these findings are recorded in favour of claimants by the Tribunal and secondly, non of these findings though recorded in claimants' favour and against the respondent 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, we do not wish to burden our order by detailing facts on all these issues which are not really necessary.

(3.) It is a death case. On. 31.10.2007, Kukka Solanki, aged about 42 years, working as peon in School at a village called Parwalia in Tehsil/District-Jhabua, died in vehiclular accident. It is this incident which gave rise to filing of claim petition by the legal representatives of deceased-Kukka out of which this appeal arises under Section 166 of the Motor Vehicles Act. So far as driver and owner of offending vehicle were concerned, both remained ex parte whereas the claim was contested only by the Insurance Company (NA-3) with whom the vehicle involved in the accident was insured. The claimant examined one eye-witness PW-2 for proving the manner in which accident occurred. No evidence was adduced by the non-applicants to prove their defence or to rebut the evidence of the claimants. By impugned award, the Claims Tribunal awarded only a sum of Rs. 50,000. It was held that since deceased while getting down from the vehicle (Bus), fell down of his own hence he i.e. his legal representatives are not entitled to claim any compensation for his death. In other words, according to the view taken by the Tribunal, since, deceased was negligent in which led to his death and hence, i.e. his legal representatives are not entitled to claim any compensation except a sum of Rs. 50,000 awarded by way of NFL (i.e. No fault liability) compensation. It is this award which is sought to be impugned in the appeal by the claimant.