PUNJI Vs. GANAPAT LAL LABANA

JUDGEMENT

(1.) The instant civil miscellaneous appeal under Sec. 173, Motor Vehicles Act is directed against the judgment and award dtd. 16/9/2004 passed by the learned Motor Accident Claims Tribunal, Banswara (hereinafter referred to as the learned Tribunal) in Claim Case no. 173/2002 whereby the claim application filed by the claimants-appellants under Sec. 166 of the Motor Vehicles Act (for short hereinafter called; "MV Act") was allowed in part and they were granted compensation to the tune of Rs.60,000.00 with interest @ 6% per annum.

(2.) Briefly stated, the facts giving rise to the present appeal are that on 11/5/2002, the deceased Smt. Kama was going to her village Madali when a motorcycle bearing no. RJ-03/3 M 4163 being driven by respondent no. 3 came from behind and hit her. The deceased sustained severe injuries and thereafter, she died. A claim application was filed by the claimants which was partly allowed by the learned Tribunal and a compensation of Rs.60,000.00 was awarded to claimants. Aggrieved by the said award, the claimants have preferred the present appeal.

(3.) Learned counsel for the appellants-claimants submits that the learned Tribunal has grossly erred in awarding a meager compensation of lumpsum amount Rs.60,000.00. It is further submitted that the learned Tribunal has failed to consider the evidence available on record. It is submitted that the evidence with respect to income and age of the deceased were duly proved, but the learned Tribunal did not pass the impugned award in accordance with the material available on record. Learned Tribunal has wrongly held that the claimants are married daughters and hence not dependent on the deceased. It is submitted that this finding of the learned Tribunal is against the settled principles of law. In support of his contentions, learned counsel relied upon the judgment of the New India Assurance Company Limited and Ors. v. Somwati and Ors. reported in . Lastly, it was prayed that the impugned judgment and award may be modified and compensation may be enhanced.