BHIMA Vs. PRANAYA

JUDGEMENT

(1.) THIS appeal by the claimants is directed against an award dated 24 -6 -73 passed by the Motor Accidents Claims Tribunal, Indore in claim Case No. 41 of 1970.

(2.) THE Appellants are respectively the father and the mother of the deceased Mukund who died as a result of an accident by car No. M.H.J. 7695 belonging to the ResRs -B0873 -2011pondent No. 1 and being, driven at the time of accident by the Respondent No. 2. According to the Appellants Mukund had gone alongwith his maternal aunt from his village Pidgemor towards Indore and when he was sitting on the footpath on the right side of the road chewing sugarcane, car No. 7695 M.H.J, dashed against him as a result of which he died instantaneously. The car was being driven by the Respondent No. 2 rashly and negligently. The claimants have stated that the deceased was their eldest son about 12 years of age and was an earning member of the family. He was also rendering nursing services to his blind mother, the claimant No. 2. The claimants claimed Rs. 50,000/ - by way of compensation on account of the death of their son. The Respondents contested the claim.

(3.) ORDINARILY this Court in appeal does not interfere in the award of compensation unless the compensation awarded is too low or too excessive. Therefore, it has to be seen whether the award of compensation by the Tribunal is too low so that court should interfere with it. The Tribunal has thus found that the deceased Mukund was of about 12 years of age ; that he was doing the work of polishing shoes and was earning about Rs. 1/ - per day and that he was looking after his blind mother. The trial Court further held that after the attainment of majority the deceased would have earned Rs. 3/ - per day. According to the Tribunal the deceased would have contributed Rs. 10/ - per month for six years i.e. upto the time when he attained the age of 18 year to the family. According to the Tribunal the father of the deceased was of 50 years of age and the mother was of 35 years of age at the time of the accident. The Tribunal held that the claimants would have lived upto the age of 65 years and that they would have received support from the deceased for 15 years excluding the period of six years during which he would have been a minor. Calculating on that basis the Tribunal came to the conclusion that Rs. 4,000/ - would be the compensation which the claimants were entitled to receive from the Respondents.