NEETU DEVI Vs. MOHINDER KUMAR

JUDGEMENT

(1.) This enhancement appeal under Sec. 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dtd. 17/12/2012 passed by the Motor Accident Claims Tribunal, Rajouri (for short "the Tribunal") in file No.88/Claim entitled Neetu Devi and others v. Mohinder Kumar and others, whereby the appellants have been held entitled to a compensation of Rs.18,77,560.00 along with interest @7.5% per annum from the date of institution of the claim petition till payment of the award amount is made. The enhancement has been sought on the following grounds:-

(2.) Having heard learned counsel for the parties and perused the record, it is necessary to first take note of few admitted facts.

(3.) Learned counsel for the appellant, therefore, submits that with a view to arrive at a sum, which represents just and fair compensation, it is necessary to strictly adhere to the legal parameters for computation of the compensation laid down in twin judgments of Sarla Verma (supra) and Pranay Sethi (supra). Learned counsel, therefore, urges that the Tribunal having gone astray of the settled legal position has awarded a meager amount of compensation, which, by no stretch of reasoning, can be termed as fair and just compensation.