1985 Supreme(MP) 513

Dr. T. N. Singh, J.
M. P. S. R. T. C. v. Smt. Khargobai.
Misc. Appeal No. 110 of 1983 (G); Decided on 2-11-1985.

Headnote:Motor Vehicles Act, 1939 -- S. 110-B -- quantum of compensation -- deceased and fifty years -- annual loss Rs. 3,600/- -- award of Rs. 46,000/- upheld.

        This appeal is directed against an award passed by the Motor Accident Claims tribunal. The claim was preferred by the widow and a minor daughter of the deceased. A sum of Rs. 46,000/- in all was awarded by the Tribunal and further costs of Rs. 2,000/- along with interest were also awarded.

        Held : In this appeal, two points are strenuously urged by Shri Dubey and I have no doubt that there is much substance in the submissions pressed by Shri Dubey, though the end result will not avail him in any manner. He has contended that the award of Rs. 10,000/- for mental pain and suffering is without jurisdiction. He has also contended that the costs awarding Rs. 2,000/- is far too excessive and is not in conformity with the prescribed provision.

        Shri Lahoti, on the other hand, strenuously contended that the award is not liable to be interfered with as the claimants laid their entitlement at Rs. three lakhs and odd and also adduced evidence in support of their case. It is true that loss of dependency is the main consideration on which the award has to be made, but this has not been properly computed in this case and it is open to me to make re-computation. On the evidence accepted in the case, the claimants are entitled to be compensated for loss of dependency which comes to the tune of Rs. 54,000/- because the Tribunal has itself computed the annual loss at Rs. 3,600/- and this should be made available for a period of fifteen years, according to me as the deceased was aged fifty years at the time of the death. The total aware of Rs. 48,000/- is, therefore, well within the limits of legal entitlement of the claimants and I have no hesitation to say that this appeal is wholly merit less and award is not liable to any interference in my hands. Appeal dismissed.