Govind Singh Vs Satwant Singh and Others

N.K. Mody, J.@mdashThis is an appeal filed by the claimant u/s 173 of the Motor Vehicles Act against an award dated 19th May, 2010 passed by XVI M.A.C.T., Indore in Claim Case No. 6/2010. By impugned award, the Claims Tribunal has awarded a total sum of Rs. . 1,43,600/- with interest to the claimants. According to claimants, the compensation awarded is on lower side and, hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So, the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent? It is not necessary to narrate the entire facts in detail, such as how the accident occurred, 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 claimants by the Tribunal. Secondly, none or these findings though recorded in claimants'' in claimants'' favour are under challenge at the instance of any of the respondents such as owner/driver or Insurance Company either by way of cross appeal or cross-objection- In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

2. As observed supra, it is a death case. On 8th June, 2008 deceased Bhaggibai who was aged 60 years, met with a motor accident and died, giving rise to filing of claim petition by legal representatives (appellants herein) out of which this appeal arises seeking compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned awarded partly allowed the claim petition filed by claimants and as stated, supra, awarded a sum of Rs. . 1,43,600/-, break-up of which is as under :

3. Learned Counsel for the appellant submits that in a motor accident deceased/ Bhaggibai was died on 8th June, 2008 and learned Tribunal awarded Rs. . 1,43,600/-. It is submitted that income of the deceased was assessed @ Rs. . 60 per day and after deducting 1/3rd multiplier of 9 has been applied. It is submitted that on other heads amount awarded is on lower side. It is submitted that amount awarded is grossly inadequate which deserves to be enhanced by allowing the appeal filed by the appellant.

4. Learned Counsel for respondent Nos. 3 and 4 submit that in the facts and circumstances of the case, the amount awarded by the learned Tribunal is just and proper which requires no enhancement. It is submitted that the appeal filed by the appellant be dismissed.

5. After taking into consideration all the facts and circumstances of the case and keeping in view the fact that accident is of the year, 2008, this Court is of the view that income assessed by the learned Tribunal is on lower side, which ought to have been assessed @ Rs. . 3,000/- per month. It appears that on other heads also amount awarded is on lower side. This Court is of the opinion that a case of enhancement is made out. In view of this, the appeal filed by the appellant and respondent No. 5 are entitled for the following amount :

6. Thus, the appellant and respondent No. 5 are entitled for total sum of Rs. . 2,36,000/- which shall be divided equally between the appellant and respondent No. 5, instead of Rs. . 1,43,600/-. The enhanced amount of Rs. . 92,400/- shall carry interest @ 8% p.a. from the date of filing the application. So far as liability is concerned, findings recorded by the learned Tribunal shall remain intact. With the aforesaid modifications, the appeal stands disposed off C.C. as per rules.