KESHAV PRASAD AND OTHERS Vs. AWADHESH AND OTHERS

JUDGEMENT

(1.) Assailing the award dated 30.10.2015 passed by Additional Motor Accident Claims Tribunal, Ambah, District Morena in Claim Case No. 17/2012 on the point of inadequacy of the compensation, this appeal has been preferred by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988.

(2.) As the incident occurred due to negligence of driver of the offending vehicle (Bolero bearing registration No.MP-20/FA-4485), the Claims Tribunal held the respondents liable to pay the compensation jointly and severally recording the findings in favour of the appellants and none of those findings have been assailed at the instance of the respondents i.e. owner or insurance company by filing the cross-appeal or the cross-objection, therefore, it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed and the arguments in detail have been considered in succeeding paragraphs.

(3.) Learned counsel for the appellants has submitted that the deceased Sanjay Sharma was 22 years of age at the time of accident and was serving in Indian Army and was earning Rs.17,367/- per month. The Tribunal has ignored the fact that the deceased was in government job and he would have got increasement in salary and allowance in future, therefore, the amount under future prospect should have been awarded in the light of the judgment in National Insurance Company Limited vs. Pranay Sethi and others, 2017 16 SCC 680. He further prayed that the amount under the other conventional heads be also reasonably enhanced.