DUSHYANT KUMAR Vs. BABU KHAN AND ORS

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the claimant against the award dated 6.11.2009 passed by II Member, Motor Accident Claims Tribunal, Shajapur (M.P.) in Claim Case No. 131/2008.

(2.) The appellant had suffered injuries in the road motor accident, which had taken place on 10.3.2008, accordingly he had filed the claim petition before the Tribunal. The Tribunal has refused to believe the evidence of doctor regarding permanent disability but looking to nature of injuries the Tribunal awarded a sum of Rs. 25,000 under the head of physical and mental pain and suffering, Rs. 84,865 for Actual medical expenses, Rs. 15,000 for the special diet, Rs. 20,000 for non-pecuniary loss and Rs. 18,000 for loss of income during the treatment period. Thus the Tribunal awarded a sum of Rs, 1,62,865 along with the interest at the rate of 6% from the date of application till realization.

(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 liability to pay compensation etc. because the Tribunal has already recorded the findings in favour of the appellant and none of those findings have been challenged at the instance of the respondents i.e. owner/driver/Insurance Company by filing cross-appeal or cross-objection. In that view of the matter it is not necessary to burden the judgment by detailing the facts on those issues.