SHAMSHAD BEE Vs. MANSINGH & ORS

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the claimant against the award dated 30-6-2008, passed by Additional Member, Motor Accident Claims Tribunal, Jaora, district - Ratlam (M.P.) in Claim Case No. 21/08.

(2.) The appellant had suffered injuries in the road motor accident, which had taken place on 20-4-2007, accordingly she had filed the claim petition before the Tribunal. The Tribunal found that the appellant had suffered 40% permanent disability in the accident. The Tribunal also found that at the time of the accident the appellant was aged about 50 years and applied the multiplier of 11. The Tribunal assessed the notional income of the appellant as Rs. 2,100/- per month and applying the multiplier of 11 and keeping in view the permanent disability of 40%, the Tribunal calculated the loss of income due to permanent disability as Rs. 1,10,880/-. The Tribunal awarded the following amount under the different heads :-

(3.) It is not necessary to narrate the entire facts in detail, such as how the accident occurred, negligence in driving the offending vehicle and the issue of liability who is liable to pay compensation. The Tribunal has already recorded the findings on these issues in favour of the appellants. None of those findings have been assailed at the instance of the respondents i.e. owner/driver/Insurance Company by filing cross appeal or cross objection. Thus it is not necessary to burden the judgment by detailing the facts on the said issues.