H!GHCOURTOFCHHATTISGARH:BILASPUR Single Bench: ABBellant Ciaimant Hon'ble Shri Diiip Raosaheb Deshmukh, J. M.A.C.No.144of2007 Smt Duiari Bai W/o kanhaiyala) Kashyap, Aged about 35 yeare, R/o village-Ringni, Post-Kesda, P.S. Simga, Distt. Raipur (CG) Versus Respondents (Non-aDDlicants before the Tribunal 1. Kanhaiya Lal Kashyap S/o Sahdeo Kashyap Aged about - 38 years, Cultivator R/o Ringni, Post-Kesda, P.S. Simga, Distt. Raipur (CG) (Owner ofthe Tractor No. CIS 8686) 2. Managsr, Nationat Insurance Company, Mobin Mahal, G.E. Road, Raipur, Post-Raipur, Distt-Raipur (CG) Appeal under Section 173 oi Motor Vehicte Act for the enhancement of the award Present: Shri C.R. Sahu, counsel for the appellant. Shri Dashrath Gupte, counset for respondent No-2/lnsurance Company. ORAL ORDER (Passed on 04.12.2007) Heard finaily. (2) Brief facts are that on 28.2.1986 due to sudden acceleration of the tractor by its driver, Heera Singh, son of the appeilant/ciaimant while boarding the trolley attached to the said tractor No. CIS 8686 feit and died. The Motor Accidents Ciaims Tribunat, Raipur (hereinafter referred to as the 'h/i.A.C.T') by the order dated 12.12.1994 dismissed the appiication for compensation on the ground that the driver was not negligent. In Miscellaneous Appeal No.300/1995, by order dated 06.07.2006, a finding was recorded by this Court that the accident took place due to the rash and negligent driving by the driver due to which death of Heera Singh occurred. (^ The case was remitted to the M.A.C.T for recording finding on other issues. The M.A.C.T has, by the impugned order dated 1 1.01.2007, awarded a lump sum compensation of Rs.15,000/- being an amount payabte on principle of 'no fault liability' under Section 92 ofthe Motor Vehicles Act,1939 with 9% interest from the date of application i.e. 28.8.1986tilt realization. (3) The only point urged by the learned counsel for the appellant in this appeat is that the M.A.C.T ought to have awarded compensation under conventional heads of funeral expenses and ioss of love and affection. No other point was urged. Shri Dashratti Gupta, learned counsei for the respondent No.2/lnsurance Company does not oppose the prayer. (4) The only point that arises for consideration is what amount should be awarded under the conventional heads of funeral expenses and loss of love and affection. Considering the date of accident i.e. 28.2.1986 and the facts and circumstances, a sum of Rs.2,000/- is awarded towards funeral expenses and a sum of Rs.8,000/- is awarded towards loss of tove and affection to the appellant/ciaimant/mother. (5) In this view of the matter, the compensatlon awarded by the M.A.C.T. is enhanced by an additional sum of Rs.10,000/-. The respondenVinsurance company shall be liable to pay total compensation of Rs.25,000/- along with interest at the rate of 9% per annum from 28.8.1986 till realization. Sd/- DUip Raosaheb Deshmukh Judge