RAMPIYARIBAI & ORS Vs. SHANTABAI & ORS

JUDGEMENT

(1.) This is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award dated 19.6.2007 passed by learned XVII Additional Member, MACT, Indore in claim case No. 6/2007 whereby the claim petition filed by the appellants was allowed in a part and a sum of Rs. 1,35,000 awarded with interest to the claimants. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the claimants have come up in the appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out and if so to what extent?

(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, who is liable for paying compensation, etc. It is for the reason that firstly all these findings are recorded in favour of claimants by the Tribunal. Secondly, none of these findings though recorded in claimants' favour 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, it is not necessary to burden the judgment by detailing facts on all these issues.

(3.) As observed supra, it is a death case. Learned Counsel for the appellant submits that deceased was aged 55 years and was a businessman who died in a motor accident which took place on 16.9.2006. It is submitted that learned Tribunal assessed the income of deceased @ Rs. 3,000 per month and after deducting 1/3rd amount towards personal expenses, applied the multiplier of 5 and awarded the compensation of Rs. 1,35,000, break-up of which is as under: