Bhawna Kale vs State of Madhya Pradesh

This is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act, 1988 (for brevity, the ''Act'') against an award dated 28.02.2006 passed by Additional Member Motor Accident Claims Tribunal (for brevity, the ''Tribunal'') Sironj, District Vidisha in Claim Case No.13/04. By impugned award, the Claims Tribunal has awarded a total sum of Rs.1,14,800/- with interest to the claimants by way of compensation for the death of Kamlesh, who died in an accident.

The claimants have filed this appeal for the enhancement of the compensation awarded by the Tribunal. 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 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 of these findings though recorded in claimants'' favour are under challenge at the instance of any of the respondents such as owner/driver because they did not appear before this Court despite service of notice. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

Learned counsel for the appellants submits that on 11.03.2004 Kamlesh, aged about 25 years, was going on tractor trolley which was overturned by the respondent No.1 and due to rash and negligent driving, Kamlesh died on the spot giving rise to filing of claim petition by legal representatives (appellants herein) seeking compensation for his death. The case was contested by the respondents. Parties adduced their evidence. The Claims Tribunal by award partly allowed the claim petition filed by claimants and awarded compensation a sum of Rs.1,14,800/-, break up of which is as under:- S.No

S.No Amount Awarded Heads

1 112800=00 Towards loss of dependency

2 2000=00 Towards funeral expenses

114800=00 Total Compensation

Learned counsel for the appellants submits that the deceased was the husband of appellant No.1, father of appellant No.2 and son of appellant No.3. It is further submitted that the income of the deceased has been assessed @ Rs.16800/- per annum and after deducting 1/3rd amount towards 3personal expenses, loss of dependency has been calculated which is on lower side.

I have gone through the evidence adduced by the claimants. After taking into consideration all the evidence on record, this Court is of the considered view that deceased was aged about 25 years. The appellant Sharada Bai (PW-1) has deposed that the deceased Kamlesh was working as Labour and he was earning Rs.70-80 per day. In these circumstances, income of the deceased ought to have been around Rs.24000/- per annum and after taking 1/3rd amount towards personal expenses, the loss of dependency is assessed at Rs.16000/- on which the multiplier of 18 is to be adopted. Thus, the appellants are entitled for the following amounts :-

S.No Amount Awarded Heads

1 288000=00 Towards loss of dependency

2 10000=00 Towards loss of love and affection

3 25000=00 Towards loss of consortium

4 10000=00 Towards funeral expenses

5 5000=00 Towards loss of estate

3,38,000=00 Total Compensation

Thus, the appellants are entitle to receive the enhanced amount of Rs.2,23,200/-. The enhanced amount shall carry interest @ 6% per annum from the date of filing of claim petition till the realization. The said amount be paid within a period of sixty days from the date of the order passed by this Court.

With the aforesaid modification, the appeal stands disposed of. No order as to costs.