LAWS(MPH)-2010-11-25

INDER SINGH Vs. RAMESH

Decided On November 25, 2010
INDER SINGH Appellant
V/S
RAMESH Respondents

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed by the claimant against the award dated 3.12.2003 passed by Additional Motor Accidents Claims Tribunal, Kukshi, District Dhar (MP) in Claim Case No. 104 of 2003.

(2.) The appellant had suffered injury in the road accident which had taken place on 13.1.2001. Accordingly he had filed the claim petition before the Tribunal. The Tribunal found that in the accident the appellant had received injury on the jaw and the wiring was done, and there was reduction of chewing and biting capacity to the extent of 40 per cent. The Tribunal found that in the accident the appellant had suffered permanent disability. The Tribunal, therefore, under all the heads awarded a lump sum compensation of Rs. 25,000 along with interest at the rate of 9 per cent 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 offending vehicle and liability to pay compensation, etc., because the Tribunal has already recorded the findings in favour of appellant and none of those findings has 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.