High CourtsSingle Bench(2015) 05 MP CK 0068

Sunita Bai and Others vs Devilal and Others

Madhya Pradesh High Court · Decided on 11 May 2015 · Citation: (2015) 2 MPLJ 653

HON’BLE JUDGES
T.K. Kaushal, J
CASE NUMBER
Misc. Appeal No. 1696 of 2014

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Judgment

6 paragraphs · 229 words

T.K. Kaushal, J.

1.

Mr. Romil Malpani, learned counsel for the appellants. Mr. Mayank Upadhyaya, learned counsel for the respondents. All the parties have been served.

2.

With the consent of both the parties, the matter is heard finally.

3.

Present petition is directed for the enhancement of compensation amount. According to appellants on 19-8-2012 the offending vehicle Bolero bearing No. MP09BC-4064 of respondents caused accident in which the deceased-Praveen died. The Tribunal found the income of the deceased Rs. 3000/- per month and on the basis of age of 20 years it has awarded Rs. 2,97,000/-. On perusal of the same and after considering the evidence on record it becomes clear that considering the date of accident the income should have been taken as Rs. 4000/- per month in this case and even otherwise also on the heads of love and affection, loss of life and funeral expenses certain enhancements are necessary because the Tribunal has not taken care of the award on these heads.

4.

Considering the aforesaid the amount of Rs. 2,97,000/- deserves to be enhanced by Rs. 1,25,000/- meaning thereby the appellants will be entitled for the awarded amount of Rs. 4,22,000/-. Needless to write that the appellants will be entitled for 6% per annum interest on the enhanced amount from the date of award and cost of litigation also.

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