HARSH JAIN Vs. FIROZ KHAN

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 31st July, 2004, passed by the Motor Accident Claims Tribunal, (F.T.) Indoor, in Claim Case No. 207/2003.

(2.) The Appellant on 13th February, 2003 was travelling in Maruti Van bearing registration No. M.P. 09 H.C. 8310, when the accident was caused by truck bearing registration No. M.P. 09 D 7640, which was coming from the opposite direction in rash and negligent manner. In the accident the Appellant had received serious injuries, therefore, he had filed the claim case No. 207/2003, before the Tribunal and the Tribunal by the impugned award found that in the accident the Appellant had received grievous injuries and permanent disability was also caused to him. The Tribunal instead of calculating the loss of earning due to the permanent disability by taking into account the relevant factors, granted a lump-sum amount of Rs. 1,25,000/- on account of the permanent disability suffered by him. The Tribunal granted a sum of Rs. 1,00,000/- for treatment, expenses, special diet etc. Thus, the Tribunal awarded a total sum of Rs. 2,25,000/-alongwith interest at the rate of 6% from the date of application.

(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.