RATNAMANI REANG Vs. CHANDRA REANG

JUDGEMENT

(1.) BOTH the appeals are being disposed of by a common judgment since they arise out of the same accident and the facts are similar.

(2.) THE undisputed facts are that in an accident involving vehicle Nos.TR -02 -3945 and TR -02 -2733 the deceased Aharam Reang alias Rambaliha Reang who was 2(two) years old and his mother Phunirung Reang died. Claim petition No.T.S(MAC)37 of 2006 was filed by the father Ratnamani Reang in respect of the death of his minor 2(two) year old son. Claim petition No. T.S(MAC)39 of 2006 was filed by Ratnamani Reang and his minor son Allaram Reang in respect of the death of Phunirung Reang. The learned Tribunal awarded compensation of Rs.60,000/ - in T.S(MAC) 37 of 2006 and Rs.1,35,000/ - in the second case in T.S. (MAC) 39 of 2006. The claimants dissatisfied by both the awards have filed the present appeal. MAC APP. No.28 of 2007

(3.) IT would be a travesty of law if a person files a petition under Section 166, leads evidence, proves negligence of the opposite party and is awarded less compensation than is payable under 'no fault liability'. This Court has repeatedly held that the compensation payable under Section 166 after proving negligence cannot be less than the compen -sation payable under Section 163 -A. There -fore, I am of the considered view that the award should be enhanced. The appeal is accordingly allowed. The award of the learned Tribunal is modified and the compensation is enhanced from Rs.60,000/ - to Rs.1,54,500/ -.