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2005 Supreme(MP) 664

A.M.SAPRE, R.V.RAVEENDRAN
MANGILAL – Appellant
Versus
SHEIKH RAFIQ – Respondent


Advocates Appeared:
S.H.Karanjwala, SANJAY PATWA

A. M. SAPRE, J.

( 1 ) CLAIMANTS have come up in appeal under section 173 of Motor vehicles Act, 1988 against an award dated 5. 10. 2001, passed by learned Additional member, Motor Accidents Claims Tribunal, barwah, District West Nimar (M. P.) in claim Case No. 58 of 2001. By impugned award, the learned Member of the Claims tribunal has awarded a total compensation of Rs. 1,69,000 together with interest at the rate of 9 per cent per annum for the death of one Kadwaji. According to the claimants (i. e. , appellants herein) who are legal representatives of the deceased Kadwaji, the compensation awarded by the Claims tribunal is on lower side and hence, need to be enhanced so as to make it reasonable, adequate, proper and in conformity with the provisions of Motor Vehicles Act. It is essentially for this reason, the claimants have filed this appeal claiming enhancement. So the short question that arises for consideration in this appeal is, whether any case for enhancement in the compensation awarded by the Tribunal is made out and if so, to what extent?

( 2 ) IN view of short controversy involved in the appeal, it is really not necessary to take note of the facts in detail except those








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