SITARAM KAUSHAL Vs. PUNEET KUMAR SAXENA

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988 has been filed for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Gwalior in Claim case No. 33 of 2005 vide award dated 20. 1. 2006. Originally, the claim petition was filed by Sitaram Kaushal, inter alia, contending that on 13. 12. 2004 at about 8 in the night he was travelling in vehicle no. MP 07-G 6023 as a cleaner and was coming from Dabra to Gwalior. When the aforesaid vehicle, i. e. , Vikram van dashed against a Maruti car No. MP 07-E 8533 owned and driven by respondent No. 1 and insured with respondent No. 2, he sustained various injuries on his body and for the injuries sustained by him he filed a claim petition. During pendency of the claim petition, the claimant died and, therefore, his legal heirs were brought on record. Accordingly, on the basis of the evidence and the material that came on record, for the injuries sustained by the claimant, a sum of rs. 12,000 was awarded as compensation. Inter alia, claiming that the compensation awarded by the learned Tribunal is on the lower side, this appeal has been filed for enhancement of the compensation.

(2.) EVEN though Mr. Jain, learned counsel for the appellants emphasised that the compensation awarded is very much on the lower side but Mr. Agrawal, the learned counsel for the insurance company points out that in the light of the law laid down by a Full Bench of this court in the case of Bhagwati Bai v. Bablu, 2007 ACJ 682 (MP), the claim for enhancement of the compensation for personal injury is not sustainable and as no claim for loss to estate in view of the principle laid down by a Division Bench in the case of Umed chand Golcha v. Dayaram, 2001 ACJ 966 (MP), is made, no further relief can be granted to the appellants.

(3.) HAVING heard learned counsel for the parties and on perusal of the records, it is clear that the claim petition was filed by the claimant during his lifetime for the personal injuries sustained by him. The claim petition was filed under section 163-A of the Act of 1988 and now the claimant has died. A perusal of the records indicate that the claim petition and the evidence that came on record does not indicate that any specific claim is made for loss to estate and as no separate claim for the loss to the estate is made by the present appellants in view of the law laid down by the Full bench in the case of Bhagwati Bai, 2007 acj 682 (MP), no enhancement can be granted after death of the claimant.