RADHA BAI Vs. RAJESH KUMAR

JUDGEMENT

(1.) This is claimant's appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 17.09.2013 passed by the Addl. Motor Accident Claims Tribunal, Mungeli (in short, the Tribunal) in Claim Case No.10/2011. Vide the said award, the Tribunal in a death case has allowed the claim application of the claimants under Section 166 of the Motor Vehicles Act and awarded compensation of Rs.4,18,000/- along with interest @ 6 percent per annum from the date of application.

(2.) The challenge is to the quantum of compensation awarded. According to appellants, the Tribunal has taken the notional income of the deceased on the lower side and have also not granted any compensation under the head of future prospects. Likewise, the amount of compensation awarded under the other heads also is on the lower side and thus, prayed for enhancement of the compensation suitably.

(3.) Counsel for the appellants submits that the deceased in the instant case Amar @ Anuj was a vegetable vendor and that while he was going to wholesale market at Bilaspur, he met with an accidental death. The deceased at the relevant point of time was a vegetable vendor at Bhilai and was earning almost about 150-200 a day which makes the monthly income of the deceased around Rs.4500-6000/-. Thus, the notional income which has been accepted by the Tribunal at Rs.3000/- per month was not justified. He further submits that the Tribunal has also not taken into account the income under future prospects for quantifying the compensation.