Nilofar Anjum and Another vs Mohd. Aasif and Another

N.K. Mody, J.—Being aggrieved by the award dated 29-3-2010 passed by M.A.C.T. Ratlam in Claim Case No. 106 of 2009 - whereby the claim petition filed by the appellant on account of death of Parvej in a motor accident which took place on 15-6-2008 was allowed and compensation of Rs. 3,57,000 was awarded and respondent No. 2 was exonerated from payment of compensation, present appeal has been filed. Learned counsel for the appellants argued at length and submits that the learned Tribunal assessee the income of the deceased at Rs. 2,500 per month which is on lower side as the accident is of the year 2008, It is submitted that the learned Tribunal also committed error in exonerating respondent No. 2 from payment of compensation. It is submitted that the appeal filed by the appellant be allowed and the amount of compensation be enhanced and the findings regarding exoneration of the respondent No. 2 be set aside.

Learned counsel for respondent No. 2 submits that no illegality has been committed by the learned Tribunal in passing the impugned award. It is submitted that the appeal be dismissed.

From perusal of the record it is evidence that since the deceased was pillion rider, therefore, as per the IRDA circular finding of the learned Tribunal regarding exoneration cannot be allowed to sustain and the same is set aside. So far as amount of compensation is concerned, since the accident is of the year 2008, therefore, income of the deceased assessed by the learned Tribunal at Rs. 2,500 per month is on lower side. In view of this a case of enhancement is made out. In my opinion it will be proper to enhance the compensation by Rs. 1,00,000. In view of this, appellants shall be entitled for total sum of Rs. 4,57,000 instead of Rs. 3,57,000. The enhanced amount of Rs. 1,00,000 shall carry interest at the rate of 8 per cent per annum from the date of application. The amount awarded shall be deposited by the insurance company with the learned Tribunal and the learned Tribunal is directed to invest 80 per cent of the said amount on long-term fixed deposit in the name of the appellant No. 1 in the nearest nationalized bank in the area where the appellant No. 1 is residing, with the condition that the bank will not permit any loan or advance. Interest on the said amount shall be credited on monthly basis in S.B. Account of appellant No. 1, which shall be opened by the appellant No. 1 from where appellant No. 1 can withdraw the amount as per the needs However, on an application by appellant No. 1, this condition could be modified by the learned Tribunal in exceptional circumstances, if made out by the appellant No. 1. This order shall be executable only upon payment of proportionate court-fee on the enhanced amount. The costs shall be borne by the respondents. With the aforesaid modification the appeal stands disposed of.