Mukesh vs Teeku Ram And Ors

Appellant-claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') with a prayer for enhancement of compensation quantified and awarded by Motor Accident Claims Tribunal, Bikaner vide its judgment and award dated 27.10.2015. Learned Tribunal, while adjudicating appellant's claim under Section 166 of the Act, has awarded compensation to the tune of Rs.1,00,000/-for the death of his son aged three months in road accident occurred on 31.10.2010. The accident was caused by Bus No.RJ-07-P-1363 which was insured with third respondent-Insurer.

The only contention of learned counsel for the appellant is that compensation awarded by the learned Tribunal is grossly inadequate and even not satisfying the norms and parameters prescribed by the Insurance Company in relation to claim on account of death of an infant below 5 years.

Learned counsel appearing for the respondent-Insurance submits that the Insurance is prepared to settle the matter perpetually by enhancing the amount of compensation commensurate with the guidelines issued by the Rajasthan State Legal Services Authority (for short, 'Authority').

While agreeing with the proposal of learned counsel for the Insurer and inspired by the spirit of Lok Adalat, learned counsel appearing for the appellant has also consented for deciding the matter in the spirit of Lok Adalat to enhance the amount of compensation in terms of guidelines issued by the Authority.

As agreed by learned counsel for the parties, the amount of compensation awarded by learned Tribunal merits enhancement by Rs.1,50,000/-and, upon adding interest @ 3% from the date of laying of claim petition, the lump sum enhanced amount of compensation comes to Rs.1,82,000/-.

In view thereof, the impugned award is accordingly modified and the total amount of compensation is redetermined and quantified to the tune of Rs.2,82,000/-including the interest. The respondent-Insurance Company is directed to pay the enhanced amount to the tune of Rs.1,82,000/-which is inclusive of interest within a period of four weeks from today or deposit the same with the learned Tribunal. In case, the enhanced amount of compensation is deposited with the learned Tribunal, the Tribunal shall disburse the same to the appellant-claimant in accordance with law.

Before parting, it is made clear that in case the enhanced amount of compensation is not paid by the Insurer within four weeks then the same shall carry interest @ 9% per annum from the date of filing of this appeal.