Meena Jatav vs Chandu

Rohit Arya, J.—Arguments heard.

This appeal u/s 173 of Motor Vehicles Act, 1988 has been preferred by the appellants-claimants for enhancement of compensation awarded by XI Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 103/2013 vide award dated 30/07/2013. By the aforesaid award, an amount of Rs. 5,66,540/- has been awarded together with simple interest at the rate of 7% per annum from the date of filing of claim petition till date of realization of the amount on account of death of Hari Singh on 09/08/2012 in the accident involving the offending vehicle, MP07GA 2684.

It is not necessary to narrate the entire facts in details because the learned Tribunal already recorded the findings in the impugned award.

The appellants have challenged the amount of compensation awarded by the Tribunal on the ground that the compensation awarded is meager and on the lower side, as the death of Hari Singh in the accident has resulted in precarious financial condition of his family, since he lone was the bread earner of the family.

The respondents argued in support of the award and prayed for dismissal of the appeal, looking to the facts and circumstances of the case, the amount awarded by the Tribunal is just and proper and no enhancement is called for.

There is no dispute between the parties that due to rash and negligent driving of the offending vehicle, it dashed the motorcycle being driven by the deceased, Hari Singh, which resulted into his death. The vehicle was fully insured and no condition of the policy is found to have been violated.

The moot question to be addressed upon in this appeal is as to whether the Claims Tribunal was justified substantially reducing the claim amount from Rs. 22,94,000/- to 5,66,540/-.

Having gone through the impugned award, it is found that the Tribunal has considered all the facts while passing the impugned award, yet looking to the fact that deceased was aged 42 years and his whole family was dependent upon him for livelihood, in the opinion of this Court, the amount awarded by the Tribunal towards dependency is on the lower side (the deceased should be treated as earning Rs. 6,000/- per month instead 4,000/- as assessed by Tribunal), which needs to be enhanced. Therefore, in lump-sum, an amount of Rs. 2,08,000/- (Rupees two lacs eight thousand only) in addition to Rs. 5,66,540/- (Rupees five lacs sixty six thousand and five hundred forty only), which has already been awarded by the Tribunal, is hereby awarded. As such, the total amount awarded to the claimants is to the tune of Rs. 7,74,540/- (Rupees seven lacs seventy four thousand and five hundred forty only), which is ordered accordingly to be payable to the claimants as directed by the Tribunal in the same apportionment. The amount of Rs. 2,08,000/- shall be payable to the claimants within 08 weeks from today in case the enhancement amount is not paid within the period stipulated in this order, the same shall carry simple interest at the rate 7% per annum. Rest of the award impugned passed by the Tribunal shall remain intact.

Court fee shall be refunded to appellants, as per rules.

With the aforesaid directions, this appeal stands disposed of.

Certified copy as per rules.