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Judgment
Alok Verma, J.—With the consent of both the parties, present appeal is heard finally.
This Miscellaneous Appeal is directed against the award passed by learned 6th Additional Member, Motor Accident Claims Tribunal, Indore in Claim Case No. 80/2013, dated 1-4-2014.
The brief facts relating to this appeal are that the appellants filed an application under Section 166 of Motor Vehicles Act before the learned Tribunal for payment of compensation in respect of death of Smt. Tarabai in the accident that took place on 7-10-2012 at about 6.15 p.m. Deceased-Tarabai was the wife of appellant No. 1 and mother of appellant No. 2. It is stated that she was coming from Bhopal to Indore in the vehicle bearing registration No. M.P.-09-S-9423. The vehicle was stopped at some place. When she was walking towards tea stall, she was hit by the truck bearing registration No. M.P.-04-GA-4217. She sustained grievous injuries in the accident. She was shifted to District Hospital, Sihor, where she succumbed to her injuries.
The learned Tribunal found that all the three non-applicants are liable for payment of compensation amount including respondent No. 3, which was the Insurance Co. of the offending vehicle. The learned Tribunal awarded the compensation amount of Rs. 3,44,000/- and 7.5% per annum interest thereon from the date of filing of the application, dated 21-12-2012 till actual payment of the amount. Aggrieved by this award, the present appeal is filed for enhancement of the compensation amount by Rs. 1 lac. After hearing both the parties and taking their contentions into consideration and after going through the impugned award and the evidence produced by the parties, the amount of compensation of Rs. 3,44,000/- is further enhanced by Rs. 55,000/- including the costs of this appeal that the appellants incurred before this Court. The amount shall carry 7.5% per annum interest from the filing of the appeal, i.e., 14-7-2014 till the actual payment of amount. Out of this amount, appellant No. 1 shall get an amount of Rs. 35,000/- and the remaining amount shall be paid to appellant No. 2. The amount shall be paid to them by cross-account payee cheque.
With the aforesaid order, the present appeal stands disposed of.
C.c. as per rules.