UMI DEVI Vs. MOHD ALI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dt. 10.7.2001 passed by learned Motor Accident Claims Tribunal, Bikaner (hereinafter referred to as 'the Tribunal') whereby the Tribunal awarded compensation of Rs. 1,70,000/ - in favour of appellant -claimants (hereinafter referred to as 'the claimants') and against the respondents.

(2.) I have heard learned Counsel for the parties. Perused the judgment and award impugned.

(3.) HON 'ble Supreme Court in Shanti Bai and Ors. v. Charan Singh and Ors., : AIR1999SC845 awarded a sum of Rs. 1,50,000/ - in case of death of a person of 18 years. In that case, the deceased left behind the widow, mother and minor sister. Considering all the facts and circumstances of the case, the Hon'ble Supreme Court awarded Rs. 1,50,000/ -. In Haji Zainullah Khan (Dead) by L.Rs. v. Nagar Mahapalika, Allahabad, : (1994)5SCC667 affirmed the award of Rs. 1,50,000/ - which was computed by courts below in a case of death of a young person of 20 years of age who was student of B.Sc. 1st year. In the instant case, claimants were unable to make out any such case of dependency, even then the Tribunal has awarded a sum of Rs. 1,70,000/ - along with interest at the rate of 9% per annum from the date of claim. It is settled law that in appeal, the quantum is interferred if the compensation awarded by the Tribunal is either too low or too excessive, as the case may be. Obviously, in the instant case, for the death of a minor having no income, a sum of Rs. 1,70,000/ - cannot be said to be too low. Hence, call for no interference.