The main legal point established in the judgment is the court's authority to award just compensation exceeding the claimed amount under the Motor Vehicles Act, 1988, and the need for a realistic approximation of the loss sustained.

ORDER :

1) This appeal has been filed under Section 173 of Motor Vehicles Act, 1988 (for short “the act of 1988”) by the appellants/claimants seeking enhancement of compensation awarded by learned Additional Motor Accident Claims Tribunal, Dhamtari, District- Dhamtari (CG) in Claim case No.91/2018 awarding a compensation of Rs.7,49,000/- in favour of appellants/claimants herein.

2) The appellants/claimants filed an application under Section 166 of Act of 1988 inter-alia pleaded that their son Nilkanth was coming to house from village Navagaon Khurd through NH 30 riding on his motorcycle bearing registration No. CG/05 K/8765, at about 4:30 pm offending vehicle bearing registration No. CG/ 04 HD/3431 was driven rashly and negligently by respondent No.1/driver dashed to the motorcycle of the deceased. As a result of which, he suffered injuries on his person and was taken to District Hospital Dhamtari and thereafter looking to the seriousness of the injury, he was referred to Masihi Hospital, Dhamtari and thereafter for better treatment he was referred to Ramkrishna Care Hospital, Raipur where he remained admitted for 24 days and thereafter he was referred to Mekahara Hospital, where he died during treatment on 13.02.2018. It was pleaded by claimants/appellants that at the time of accident, the deceased was a 29 years old healthy young man who was staying in Gram Panchayat Sonewara. At the time of the incident he was working as an employment assistant and computer operator and was earning an effective income of about Rs.5000/- per month. Appellants/claimants were dependent on the income of the deceased and claimed Rs.72,50,000/- as total compensation against the respondents.

3) Respondent No.1/driver cum owner of the offending vehicle filed his written statement and resisted the claim application. It was pleaded that in his written statement that the deceased was driving the vehicle rashly and negligently and he himself dashed to the offending vehicle for which he was himself responsible. He also pleaded that the offending vehicle was insured with the insurance company and if any liability is found, the same shall be the duty of the insurance company to make the payment.

4) Respondent No.2/Insurance Company also filed its written statement and denied the averments of the claim application. It was pleaded that the driver of the offending vehicle did not have a valid and effective driving license and was driving the offending vehicle in violation of the insurance policy. Hence the insurance company is not responsible to pay any compensation amount. The insurance Company took a plea of contributory negligence and pleaded that they may be exonerated from payment of compensation.

5) The learned tribunal on the basis of above broad pleadings framed as many as 7 issues and all the issues decided in favour of appellants/claimants which under challenged by none before this Court. The challenge in this appeal is to the amount of compensation which has been awarded to the tune of Rs.7,49,000/- by learned tribunal is on the lower side.

6) Mr. H.A.P.S. Bhatia, learned counsel appearing on behalf of appellants/claimants submits that though according to the pleadings in the claim application, the monthly income of the deceased was Rs.5000/-, however looking to his qualification and the Act of 1988 is benevolent legislation and the Court has to determine facts and circumstances and evidence that just compensation is awarded to the claimants/appellants. He further submits that even if the income of the deceased is on the lower side, the learned tribunal and the Court can award more than it was claimed in the claim application. He further submits that parents lost their son of 29 years, in that sense just amount of compensation may be awarded by this Court. His income ought to have taken as Rs.7000/- onwards for the purposes of determining the compen