LEELA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is claimants appeal seeking enhancement over the amount of compensation awarded by the Motor Accidents Claims Tribunal, Jodhpur in its award dated 26. 4. 1993 made in Claim Case No. 100/1990 in the sum of Rs. 92,905/- inclusive of interest on account of accidental death of Satyanarain, 30 years in age, husband of appellant No. 1, son of appellant No. 2 and father of appellant Nos. 3 to 5. Only the question of quantum of compensation being involved in this appeal, a brief reference t the background facts would suffice.

(2.) THE accident in question occurred on 1. 1. 1990 at about 5. 00 P. M. near Dangiyawas Petrol Pump on Jodhpur to Bilara Road when the victim Satyanarain standing on the kuchcha road was hit by an Ambassador Car bearing number 82b-22902 (1530) belonging to non- applicant No. 1 Union of India and driven by non-applicant No. 2 Mangu Ram. Satyanarain sustained several injuries and was admitted in Mahatma Gandhi Hospital, Jodhpur where he breathed his last on 13. 1. 1990 while undergoing treatment.

(3.) THE award so made by the Tribunal has been assailed by the claimants in this appeal. Learned counsel Mr. J. M. Bhandari appearing for the appellants has contended that the award on its quantification of compensation remains too low and grossly inadequate where the learned Tribunal has not considered awarding of reasonable compensation towards pecuniary loss on the basis of the income of the deceased who was a skilled workman and has further erred in denying reasonable rate of interest on entirely irrelevant considerations and unjustified grounds. Per contra, learned counsel Mr. Farjand Ali has supported the impugned award with the submissions that the Tribunal has awarded reasonable compensation and the amount so awarded by the Tribunal with reference to the period of accident and the claim application i. e. of the year 1990 cannot be said to be grossly inadequate; that the Tribunal has allowed entire amount towards bills of treatment expenditure and has further awarded higher amount towards funeral expenses and, on the whole, the award remains that of just compensation.