ORDER

This appeal under section 173(1) of the Motor Vehicles Act, 1988 by the appellants/claimants being aggrieved by impugned award dated 27.7.2017 passed by Fourth Additional Motor Accidents Claims Tribunal, Katni in MACC No.286/2015 [Smt.Bhawna Sharma and others Vs. Radheshyam and others] and seeking enhancement of amount of compensation of Rs.1,00,000/- [Rupees One lac] by paying court fee of Rs.2500/-.

2. Brief facts of the case are that on 12.8.2015 at about 4.30 pm when deceased (Deepak Sharma) was returning home from his work place on motorcycle bearing registration No.MP-35/MC-6439 and when he reached near opposite Central Bank in village Tewari at that juncture offending vehicle (Truck No.MP-21/H-0766) driven by respondent No.1 in rash and negligent manner gave dash to motorcycle of deceased from opposite side and tyre of motorcycle ran-over the deceased as a result of which he died.

3. The wife, mother, father and brothers being legal heirs of deceased filed claim petition against owner, driver and insurer of the offending vehcile claiming compensation of Rs.26 lacs.

4. The Tribunal vide impugned award granted total compensation of Rs.7,90,000/- by observing that only applicant/wife being dependent of deceased is entitled to entitled to receive the compensation. Hence, being aggrieved by impugned award this appeal is by mother and father of the deceased

5. The accident, negligence and liability in this case are not dispute and hence, findings of the Tribunal in that regard are not under assail.

6. Learned counsel for the appellants (parents of deceased)

submitted that deceased was issueless. The Tribunal has erroneously held that only claimant/wife is entitled for compensation and has not granted any amount to mother of the deceased. (Smt.Rajkumari Sharma). Therefore, the amount of compensation be enhanced.

7. Learned counsel for the Insurance Company has opposed the appeal and claimed its dismissal.

8. Heard the learned counsel for the parties and perused the record of the Tribunal. On perusal it appears that finding of the Tribunal that mother is not entitled for compensation is erroneous. The mother would also be entitled to compensation. Therefore, looking to the facts and circumstances of the case as also the material available on record and the determination of amount of compensation by the Tribunal, in the considered opinion of this Court lumpsum amount of Rs.1 lac is enhanced which shall be payable to the mother of the deceased (appellant No.1). Other conditions of the Tribunal shall remain intact.

9. In the result, the appeal is disposed of accordingly.

(AVANINDRA KUMAR SINGH)

JUDGE RM