This appeal under Section 173 of the Motor Vehicles Act, 1988 sought enhancement of compensation awarded by the Motor Accident Claims Tribunal. The High Court found the Tribunal's assessment reasonable and just.
The appeal was rejected and the impugned award of the Motor Accident Claims Tribunal was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 816/2016
All are residents of Tejavas, Tehsil Kotra, District Udaipur.
----Appellant
Versus
----Respondent
For Appellant(s) : Mr. Pritam Joshi for Mr. S.K. Verma.
HON'BLE MR. JUSTICE P.K. LOHRA
Order
05/09/2018
Appellants-claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘Act’) seeking enhancement of compensation determined and awarded by Motor Accident Claims Tribunal No.2, Udaipur (for short, ‘learned Tribunal’).
(2 of 2)
[CMA-816/2016]
Learned Tribunal after examining the claim under Section 166 read with Section 140 of the Act has quantified total amount of compensation to the tune of Rs.10,46,000/-. While making assessment of compensation, the learned Tribunal considered monthly income of deceased Balu Garasiya as Rs.5,000/- and by applying multiplier of 16 worked out total loss of dependency to the tune of Rs.9,60,000/-. The learned Tribunal after making 1/3rd deduction for personal expenses, has awarded compensation to the tune of Rs.6,40,000/- to the appellants under this head. Besides that, the learned Tribunal has also awarded compensation for loss of consortium to the widow of deceased and for love and affection to the children as well as parents of the deceased. It is also noteworthy that the learned Tribunal has considered future prospects of the deceased also and under this head has awarded compensation to the tune of Rs.1,50,000/-.
After hearing learned counsel for the appellants and perusal of impugned judgment and award, in my view, assessment of compensation by the learned Tribunal is just and reasonable, which is satisfying the test of just compensation within the meaning of Section 168 of the Act.
In view thereof, I find no illegality in the impugned award so as to interfere with the quantum of compensation awarded.
Resultantly, appeal fails and same is, hereby, rejected.
(P.K. LOHRA),J
a.asopa/-44
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal needs to be enhanced in the appeal filed under Section 173 of the Motor Vehicles Act, 1988.
Whether the assessment of compensation by the Motor Accident Claims Tribunal satisfies the test of just compensation under Section 168 of the Motor Vehicles Act, 1988.
3 provisions across 1 enactments
Smt. Sugna W/o late Balu Ram Garasiya and others
Madhuram S/o Jivaram Garasiya and others
P.K. LOHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
