LAWS(MPH)-2000-8-112

KANHAIYALAL Vs. SUMER SINGH

Decided On August 29, 2000
KANHAIYALAL Appellant
V/S
SUMER SINGH Respondents

JUDGEMENT

(1.) CLAIMANT Kanhaiyalal is aggrieved by an award dated 4.11.1995, passed in his Claim Case No. 15/95, by learned IVth Addl. M.A.C.T. Dhar. According to claimant he was awarded a less amount of Rs. 5,000/- only. According to appellant he is entitled to claim more and hence he is in appeal.

(2.) THE only question, therefore, involved in this appeal is whether appellant (claimant) was able to make out any case for enhancement? Since the question regarding the manner in which the accident occurred liability of Insurance Company as also of the owner is not subject-matter of this appeal and, therefore, it is not necessary for me to go into this aspect which has become final. In other words in the absence of any cross-objection/appeal filed by any of the respondents, who have suffered an award the finding regarding accident and liability issues have become final.

(3.) AS observed supra, the appellant did not tender any evidence even to show that how much expenditure he incurred in receiving the so-called medical treatment for the injuries that he claimed to have suffered. No doctor was examined nor any medical report of any doctor was filed. I, therefore, fail to understand as to what was the foundation that was laid much less for enhancement in amount that was awarded to him.