- (1.)ONE Shantaram Kisan Hire, aged 36 years, died in a motor accident on 12-1-1980 by the vehicle owned by the appellant herein. The dependants of the deceased claimed compensation before the Motor Accidents Claims Tribunal. However, in the petition the claimants claimed compensation to the extent of Rs 75,000. However, the Tribunal, on the basis of evidence on record, found that a sum of Rs 1,05,000 would be just and reasonable compensation and, accordingly, awarded a sum of Rs 1,05,000 along with six per cent interest towards compensation. Aggrieved, an appeal was filed by the appellant before the High Court. The High Court, by the judgment under challenge, dismissed the appeal. It is against the said judgment, the appellant is in appeal before us.
(2.)LEARNED counsel urged that once the claimants claimed only a sum of Rs 75,000 as compensation, they were not entitled to any amount over and above the said sum and as such the Tribunal committed a manifest error in awarding higher amount as compensation. We do not find any merit in the contention. Under S.110 - B of the Motor Vehicles Act, 1939, it is within the province of the Tribunal to award compensation, which is just. In the present case, the Tribunal has found that a sum of Rs 1,05,000 was just compensation and the same was affirmed by the High Court. We, therefore, do not find any merit in the appeal.
The appeal is dismissed. Since none appears on behalf of the respondents, there shall be no order as to costs.