ASHOK KUMAR Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under section 173 of the motor Vehicles Act (for short called 'the act') against an award dated 30. 4. 2005 passed by the Third M. A. C. T. , Ratlam and jawra in Claim Case No. 19 of 2004. By impugned award, the Tribunal has awarded total sum of Rs. 3,42,000 for the death of one Nilesh. This appeal is filed by the claimants for enhancement as according to claimants, the compensation awarded to claimants by the Tribunal is on lower side hence 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 the entire facts in detail such as how the accident occurred, who was negligent in driving the offending vehicle which caused the accident or who is liable to pay compensation, etc. and whether the 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, none of these findings though recorded in claimants' favour and against the respondents 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. 3. 2002, nilesh, aged around 21 years, a businessman engaged in the business of sale of jewellery at Jawra, Distt. Ratlam died in a vehicular accident. It is this incident which gave rise to filing of the claim petition by his legal representatives under section 166 of the Act claiming compensation for his death. It was filed against non-applicants, who are insured, insurer and driver of the offending vehicle. It was contested by the non-applicants. Parties adduced evidence. By impugned award, the Tribunal partly allowed the claim petition and awarded a sum of Rs. 3,42,000 to the claimants. It was held that deceased was aged 21 years and was earning Rs. 2,500 per month. The tribunal then applied multiplier of 17 and accordingly determined the compensation by further awarding Rs. 2,000 towards the funeral expenses. It is against this determination that the claimants have filed this appeal contending that the Tribunal has awarded a less sum and hence it should be enhanced so as to make it reasonable.