Judgment:
A.M. Sapre, J.
1. This is an appeal filed by the claimant who is legal representative of the deceased under Section 173 of the Motor Vehicles Act, 1988 against an award dated 19.2.2002, passed by learned Second Additional Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 327 of 1998. By impugned award, the Tribunal has awarded a total sum of Rs. 80,000 with interest to the claimant for the death of one Fakruddin, who died in vehicular accident. According to claimant, the compensation awarded is on a lower side and hence, it needs to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the claimant has come up in appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence is made out in the compensation awarded and if so, to what extent?
2. Heard Mr. S. Patwa, learned Counsel for the appellant and Mr. S.V. Dandwate, learned Counsel for insurance company, respondent No. 2.
3. It is not necessary to narrate the entire facts in detail such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that, firstly, all these findings are recorded in favour of the claimant by the Tribunal. Secondly, none of these findings though recorded in claimant's favour are under challenge at the instance of any of the respondents such as, owner/driver, or the insurance company either by way of cross-appeal or cross-objection. In this view of the matter, I do not wish to burden my judgment by detailing facts on all these issues.
4. As observed supra, it is a death case. On 23.6.1998, Fakruddin alias Ahamed Hussain, son of Lukman, aged 72 years met with a scooter accident and died, giving rise to filing of the claim petition by his legal representative (appellant herein) seeking compensation for his death. The case was contested by the respondent. The parties adduced evidence. By impugned award, the Claims Tribunal partly allowed the claim petition and awarded a total sum of Rs. 80,000. The Tribunal worked out dependency at Rs. 16,000 on yearly basis after taking into consideration deceased's monthly income of Rs. 2,000. It is this determination which is impugned by the claimant by filing this appeal, contending that it is on lower side and hence, it be enhanced.
5. I have gone through the evidence adduced by the claimant on the question of income, age and dependency of deceased. Having gone through, I am of the view that Tribunal should have awarded at least a sum of Rs. 1,50,000 towards compensation and Rs. 25,000 towards conventional heads in lump sum thereby making a total amount of Rs. 1,75,000 for being paid to claimants. True that the deceased was an old man of 72 years, yet he was hale and hearty and could lead a normal life for few more years. He was tailor by profession and was doing his business. It is for all these reasons, I consider it proper to award a lump sum amount of Rs. 1,75,000 to the claimant as indicated above.
6. In other words, the claimant is held entitled for a total sum of Rs. 1,75,000 by way of compensation for the death of Fakruddin alias Ahamed Hussain.
7. The compensation awarded to the claimant is just, reasonable and proper, looking to the facts and circumstances of the case and taking into account the law laid down by the Apex Court in these types of cases. Indeed in such cases, no fixed and static formula is provided for determining the compensation and the same is required to be determined on the basis of evidence adduced and the relevant factors mentioned supra. It is on this basis, the courts have to work out award of reasonable compensation.
8. The learned Counsel for the appellant cited some authorities for claiming enhancement. I have gone through these authorities. In my opinion and as observed supra, every case depends upon facts of each case and one cannot rely upon the cases for awarding compensation.
9. In this view of the matter, the appeal succeeds and is allowed in part. Impugned award is modified to the extent indicated above. The enhanced sum will carry interest at the rate of 6 per cent per annum from the date of application till realisation. All other findings are upheld being not under challenge.
Counsel's fee Rs. 1,500, if certified.