BONDAR Vs. REVARAM

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under section 173 of motor Vehicles Act (for short called 'the act') against an award dated 13. 4. 2007 passed by the learned Additional Member, m. A. C. T. , Kukshi, Distt. Dhar in Claim case No. 5 of 2006. By impugned award, the Tribunal has awarded total sum of rs. 1,30,000 for the death of one Kalu. This appeal is filed by the claimants for enhancement as according to claimants compensation awarded 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 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 16. 9. 2005, Kalu, aged around 21 years, labourer by occupation, died in vehicular accident. It is this incident which gave rise to filing of claim petition by his legal representatives claiming compensation for his death. It was essentially filed against owner, driver and insurer of offending vehicle. It was contested by non-applicants. Parties adduced evidence. By impugned award, the Claims tribunal partly allowed the claim application and awarded total compensation of rs. 1,30,000 to claimants. It was held that deceased was earning Rs. 1,500 per month as labourer. Applying the multiplier of 10 and finding the deceased to be unmarried, the Tribunal awarded a total compensation of Rs. 1,30,000. It is against this determination, claimant have come up in appeal contending that it is on lower side and hence, it be enhanced.