YADU KUMAR Vs. PILLAH

JUDGEMENT

(1.) This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 28.6.2004 passed by the Second Motor Accidents Claims Tribunal, Ratlam in the Claim Case No. 5 of 2003 whereby the claim petition filed by the appellant was allowed in part and the compensation of Rs. 1,04,000 was awarded to the claimant by way of compensation for the injury which appellant sustained in an accident. According to the claimant, i.e., appellant herein, the compensation awarded is on the lower side and hence, needs to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal that the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent?

(2.) It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable for paying compensation, etc. It is for the reason that, firstly, all these findings are recorded in favour of claimant by the Tribunal. Secondly, none of these findings, though recorded in claimant's favour, are under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) As observed supra, it is an injury case. Break-up of the awarded amount is as under: <FRM>JUDGEMENT_375_ANDHWR2_2011_1.html</FRM>