RESHMA Vs. KRISHAN KUMAR

JUDGEMENT

(1.) C .M. No. 10713-CII of 2007 This is an application for condonation of delay in re-filing the appeal. For the reasons recorded therein, delay in re-filing the appeal is condoned.

(2.) THIS appeal has been preferred by Smt. Reshma Devi for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Rohtak for the death of her mare. The appellant filed claim petition claiming that her mare died in the vehicular accident. The grievance is that no compensation has been awarded for loss of future income. It is alleged that mare was the source of income as she was being used for commercial purposes. Right to claim compensation and liability to pay such compensation for death or bodily injury is governed by Sections 140 and 141 of the Motor Vehicles Act, 1998 on the basis of no fault and fault liability, respectively. The death and bodily injury referred to in these Sections relate to any person and no animal, by any stretch of imagination, can come within the definition of "person". "Person" as defined in all dictionaries refers to human beings. The mare cannot be equated with human beings. It is like goods property damaged in the vehicular accident. The Tribunal has already awarded more than sufficient amount merely on the basis of a receipt produced and on the statement of the seller of the mare and even the interest has been awarded which is normally awarded in compensation cases. No interference is warranted against the impugned award. I find no merit in this appeal which is accordingly dismissed. Appeal dismissed.