KARAN SINGH Vs. MISHRILA

JUDGEMENT

(1.) THIS appeal is filed by the appellants under section 173 of the Motor Vehicles Act against an award dated 1.11.2007 passed by learned 16th Additional Member MACT, Indore in Claim Case No. 91/2006. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 84,500/- with interest to the claimants by way of compensation in the accident occurred on 5.6.2006, causing death of Suraj Goel.

(2.) APPELLANTS had preferred a claim petition under sections 166 & 140 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 15,00,000/-. According to the appellants compensation awarded by the Tribunal is meager and deserves enhancement; however, by filing the appeal inadequacy of the compensation has been assailed.

(3.) MS . Vinita Agrawal, learned counsel for the appellants submits that it is case of death of a young boy of 22 years of age, who was under graduation. It is argued by her that learned Tribunal has merely awarded the compensation 54,500/- in all. It is further argued that deduction towards personal expenses made by the Tribunal to the extent of 2/3 is illegal and contrary to the recent judgment of apex Court in the case of Bilkish v. United India Insurance Co. Ltd., 2008 ACJ 1357. It is also argued that the compensation allowed in conventional head is meager and that too is liable to be enhanced by allowing this appeal.