2001 Supreme(Raj) 1945
RAJASTHAN HIGH COURT AT JAIPUR BENCH
J.C.Verma, J.
Badri Narain - Appellant
Versus
Mubarak Ali - Respondent
S.B. Civil Misc. Appeal no. 648 of 1992.
Decided On : 11-12-2001
For the Appellant:K.N. Tewari, Advocate.
For the Respondent:Virendra Agarwal and Rizwan Alvi, Advocates.
Headnote:
Motor Vehicles Act, 1988, Section 173 -A fatal accident was took place in which a lady, housewife died ageing 30 years- 100000/- was paid to the claimants, a husband and the children at the Tribunal assessed value- In an appeal award was enhanced to150000/- along with interest at the rate of 12 percent per annum.
JUDGMENT
1. - This appeal has been filed by the appellants-claimants for enhancement of the amount of compensation awarded by the Motor Accidents Claims Tribunal, Jaipur City, Jaipur, vide its award dated 20.7.1992 in M.A.C.T. Case No. 407 of 1988. The claimants are the husband and children of the deceased who had died in an accident on 5.5.1988 when she was hit by a bus No. RNB 7186. She was injured and later on she died in the hospital. After framing necessary issues, the Tribunal had awarded the amount of compensation of Rs. 1,00,000 only. The husband and the children had filed an application for claim on the ground that they have lost the love and affection and also the services of the deceased. The deceased was the housewife. The Tribunal had found that she must be rendering the services to the family and Rs. 300 per month was assessed and the multiplier of 15 was applied. The husband had also lost his companion and the deceased was 30 years of age.
2. In my opinion, the learned Tribunal has not given any cogent reason to assess the amount of Rs. 300 per month for the services of the family. In any case, the amount of compensation so awarded is too less for the age of a lady of 30 years. The compensation is, therefore, enhanced to Rs. 1,50,000 which shall carry the interest at the rate of 12 per cent per annum. The enhanced amount of compensation shall be paid to the claimants along with the interest as stated above within a period of two months after adjusting the amount already paid, if any.
3. In view of the above said reasons and discussions, the appeal is allowed and stands disposed of.Appeal allowed
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