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2005 Supreme(MP) 665

A.M.SAPRE, R.V.RAVEENDRAN
Mangilal – Appellant
Versus
Sheikh Rafiq – Respondent


Advocates:
Sanjay Patwa for appellants; S.H. Karanjwala for respondents.

JUDGMENT

Sapre, J. -- Claimants have come up in appeal under section 173 of the Motor Vehicles Act against an award, dated 5.10.2001, passed by learned Additional Member, Motor Accident Claims Tribunal, Barwaha, District - West Nimar (M.P.) in Claim Case No. 58 of 2001. By impugned award, the learned Member of Claims Tribunal has awarded a total compensation of Rs. 1,69,000/- together with interest at the rate of 9% per annum for the death of one 'Kadwaji'. According to claimants (i.e. appellants herein) who are legal representatives of deceased 'Kadwaji', the compensation awarded by the 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?


In view of short controversy involved in the appeal, it is really not necessary to take note of the facts in detail except those which are necessary. I







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