JAMANABAI Vs. DINESH

JUDGEMENT

(1.) APPELLANTS by Mr. Manish Sunil Jain, Advocate. With the consent of jain, Advocate. Respondent No. 3 by Mr. the parties, heard on merits. This is an appeal filed by the claimants under section 173 of the Motor Vehicles Act against an award dated 19. 1. 2007 passed by M. A. C. T. (Fast Track), Kukshi in Claim Case No. 44 of 2006. By the impugned award, the claims Tribunal has awarded a sum of rs. 1,57,340 to the claimants for the death of Bhursingh, who died in a motor vehicle accident. According to the claimants, i. e. , appellants herein, the compensation awarded is on lower side and hence, needs to be enhanced. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out and if so to what extent?

(2.) IT is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that, firstly, all these findings are recorded in favour of the claimants by the learned tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, it is not necessary to burden the judgment by detailing facts on all these issues.

(3.) AS observed supra, it is a death case. Learned counsel for appellants submits that deceased was 50 years of age and was agriculturist. Learned Tribunal awarded a sum of Rs. 1,57,340, a break-up of which is as under: loss of dependency rs. 1,47,840 loss to estate rs. 2,000 loss of consortium rs. 5,000 loss of love and affection rs. 2,500