SMT. VEENA AND ANOTHER Vs. VIJENDRA AND OTHERS

JUDGEMENT

(1.) The miscellaneous appeal No.3186 of 2007 by the claimants for enhancement of compensation and miscellaneous appeal No.3736 of 2007 by the Insurance Company under section 173 of the Motor Vehicles Act, 1988 have been filed challenging the impugned award dated 31/08/2007 passed in claim case No.31 of 2007 by VII Motor Accidents Claims Tribunal, Indore. Regard being had to the similitude of the controversy involved in the aforesaid two appeals, they have been heard analogously and disposed of by this singular order.

(2.) Facts relevant and necessary for disposal of these appeals lie in narrow compass: Kum. Vaarunee Ladda (daughter of appellants No.1 and 2 and sister of appellant No.3) on 26/08/2006 at about 10.00 am while going on her Honda Activa (scooter) bearing registration No. MP09 LF 9026 and reached near Suyash Hospital on A.B.Road, Indore, the offending tempo with registration No. MP09 S 8099 driven by respondent No.1, Vijendra negligently and rashly dashed the scooter from behind, as a result, she suffered serious injuries. To provide immediate medical treatment, she was taken to M.Y.Hospital, Indore. However, looking to her serious condition, she was admitted at C.H.L.Apollo Hospital, Indore from 26/08/2006 to 30/09/2006 and thereafter she was shifted to Bombay Hospital, Mumbai on 01/10/2006 for treatment and died on 25/12/2006 at Mumbai.

(3.) Learned counsel for the claimants submits that at the time of incident, the deceased Kumari Vaarunee Ladda was aged about 19 1/2 years and a brilliant student of B.E., (Third year). Due to precarious financial condition of the parents, she used to take private tuition's and was earning about Rs. 96,000/- per annum to meet out the expenses of her parents and herself. Because of the incident, she met untimely death, otherwise she could have prosecuted higher studies and may earn more than Rs. 10.00 lakhs per annum.