PREM DEVI Vs. AKBAR ALI

JUDGEMENT

(1.) This is an appeal, filed by the claimants, who are legal representatives of the deceased under Sec. 173 of the Motor Vehicles Act against an award, dt. 13.06.2001, passed by Motor Accident Claims Tribunal, Ajmer in Claim Case No. 91/99.(268/97). By impugned award, the Tribunal has awarded a total sum of Rs. 1,02,600/- with interests to the claimants for the death of one Budha Singh who died in vehicular accident. According to claimants, the compensation awarded is on a lower side and hence, it needs to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the claimants have come up in appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence is made out and if so, to what extent ? It is not necessary to narrate the entire facts in detail such as how the accident occured, who was negligent in driving the offending vehicle, who is liable for paying compensation etc. It is for the reason that firstly all these findings are recorded in favour of claimant by the Tribunal. Secondly, none of these findings though recorded in calimants' favour are under challenge at the instance of any of the respondents such as, owner/driver, or insurance company either by way of cross apeal or cross objection. In this view of the matter, I do not wish to burden my judgment by detailing facts on all these issues.

(2.) It is a death case. On 02.09.1997, Budha Singh, a Guard in Central Jail, Ajmer aged around 39 years, met with a vehicular accident and died. It is this incident which gave rise to filing of a claim petition by his legal representatives claiming compensation for his death. The claim was resisted by the Insurance Company. Parties adduced evidence. By impugned award, the learned Member of the Claims Tribunal partly allowed the claim petition and awarded a total sum of Rs. 1,02,600/- towards full payment of compensation for his death. It was held that his monthly salary was Rs. 1000/- and hence after deducting 1/3rd, his dependency was worked out to Rs. 700/-. The Tribunal then applied the multiplier of 16 and awarded Rs. 45,000/- towards consortum. This is how a sum of Rs. 1,02,600/- was awarded. It is this award which is sought to be challenged by the claimants on the ground that it is on a lower side and therefore, it should be enhanced.

(3.) I have gone through the evidence. Having gone through the evidence, I am of the opinion that this appeal deserves to be allowed in part to the extent indicated infra.