Ratiram Pal And Others vs Shivendra Singh And Others

Deepak Kumar Agarwal, J

With the consent of learned counsel for the parties, heard finally. Assailing the award dated 4.3.20 passed by 7th Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No.457/2018 on the point of inadequacy of the compensation, the claimants/appellants have preferred this appeal under Section 173 (1) of the Motor Vehicles Act, 1988 for an accident took place on 08.07.2018 in which son of appellants succumbed to the injuries received by him in the aforesaid accident.

The appellants had filed the claim petition under Motor Vehicles Act, 1988 seeking compensation on account of death of deceased Anuj Pal in an accident took place on 08.07.2018. It was pleaded by the claimants that the deceased was a seven year old boy who was studying in Class II and also used to cooperate them in the work, therefore, the compensation as prayed in the claim petition may be awarded.

The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs.4,00,000/-, looking to the age of the deceased.

As the incident occurred, negligence of driver of driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellants by the Tribunal, however it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paragraphs.

Learned counsel representing the appellants contends that due to the said accident deceased Anuj Pal has died, appellants were fully dependent upon him. The compensation awarded by the Tribunal is inadequate, because the earning has not been duly assessed as looking to the documents placed on record the appellants it should be minimum Rs.6,000/- per month as deceased was only 7 years old at the time of accident. In view of the foregoing submissions, the enhancement of the compensation so awarded by the Tribunal has been prayed for.

On the other hand, learned counsel representing the respondent No.3/Insurance Company contends in support of the findings of the Claims Tribunal and submitted that the compensation as awarded by the Claims Tribunal appears to be just and reasonable, however, interference by this Court for enhancement of the compensation is not warranted.

After having heard learned counsel appearing for the parties and on perusal of the pleadings and the evidence so adduced, it appears that the determination of the earning has not duly been done. In conventional heads i.e. funeral and loss of estate the amount awarded is on lower side. Thus after hearing and on due deliberations and also on consideration of the totality of the facts and circumstances, in the opinion of this Court, the amount of compensation as awarded by the Claims Tribunal is liable to be enhanced by Rs.1,00,000/- in lump sum thereby making the total compensation to Rs.5,00,000/- which shall be payable along with the interest from the date of filing of the claim petition.

In view of the forgoing discussions, the appeal succeeds and is hereby allowed in part. The appellants are held entitled to receive the enhanced amount of Rs. 1,00,000/- in addition to the amount of compensation already awarded by the Claims Tribunal. The enhanced amount is directed to be paid within one month thereafter the same shall carry interest @ 9% per annum from the date of filing of claim petition. The instant appeal is allowed, accordingly. In the facts of the case, parties are directed to bear their own costs.