Sunil Miskar Vs. the Divisional Manager, the Oriental Insurance Co. Ltd. and anr. - Court Judgment

Excerpt:

- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant. - 2. considering the statements made in the petition and the grounds taken therein, we are satisfied that sufficient grounds have been made out for condoning the delay in filing the appeal. 11. the office as well as the high court legal services committee shall issue notice to the claimants to appear before the lok adalat on 12th may, 2007. 12. let a copy of this order be handed over to the counsel for the insurance company.order1. heard the parties in limitation matter.2. considering the statements made in the petition and the grounds taken therein, we are satisfied that sufficient grounds have been made out for condoning the delay in filing the appeal.3. accordingly, the delay in filing the instant appeal is condoned.4. i.a. no. 3400 of 2006 stands disposed of.5. the appeal is taken up for final disposal with the consent of learned counsel for the parties.6. with the consent of the parties, this appeal is being disposed of at this stage itself.7. the claimants have filed this appeal for enhancement of the amount of compensation. the motor vehicle accident claim tribunal, ranchi, by the impugned judgment and award, awarded the compensation of rs. 1,02,000/- for the death of the deceased jagdish miskar, which occurred on 29.7.2002 due to the accident of the bus bearing registration no. br 15 p-0150 in which the deceased was travelling as a passenger.8. from the record it appears that the deceased was a labourer and was an earning member of his family. even if his income is assessed at the rate of minimum wages prescribed for daily wagers, we find that the amount awarded by way of compensation for the.....

Judgment:

ORDER

1. Heard the parties in limitation matter.

2. Considering the statements made in the petition and the grounds taken therein, we are satisfied that sufficient grounds have been made out for condoning the delay in filing the appeal.

3. Accordingly, the delay in filing the instant appeal is condoned.

4. I.A. No. 3400 of 2006 stands disposed of.

5. The appeal is taken up for final disposal with the consent of learned Counsel for the parties.

6. With the consent of the parties, this appeal is being disposed of at this stage itself.

7. The claimants have filed this appeal for enhancement of the amount of compensation. The Motor Vehicle Accident Claim Tribunal, Ranchi, by the impugned judgment and award, awarded the compensation of Rs. 1,02,000/- for the death of the deceased Jagdish Miskar, which occurred on 29.7.2002 due to the accident of the Bus bearing Registration No. BR 15 P-0150 in which the deceased was travelling as a passenger.

8. From the record it appears that the deceased was a labourer and was an earning member of his family. Even if his income is assessed at the rate of minimum wages prescribed for daily wagers, we find that the amount awarded by way of compensation for the death of the deceased to the tune of Rs. 1,02,000/- is towards lesser side and it does not appear to us to be reasonable,

9. Accordingly, this appeal is disposed of by modifying the award by enhancing the amount of compensation from Rs. 1,02,000/-as awarded by the tribunal to Rs. 1,72,000/-. This amount shall carry the interest at the same rate and from the same date as mentioned in the award of the tribunal.

10. The Insurance Company shall pay the amount of Rs. 1,72,000/- minus the amount, which has already been paid to the appellants by handing over a Cheque to the claimants on 12th May, 2007 before the Lok Adalat. The claimant shall appear before the Lok Adalat on the said date to collect the Cheque.

11. The office as well as the High Court Legal Services Committee shall issue notice to the claimants to appear before the Lok Adalat on 12th May, 2007.

12. Let a copy of this order be handed over to the counsel for the Insurance Company.