VASANA Vs. DOOR SINGH

JUDGEMENT

(1.) This is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 7.8.2008 passed by Additional Motor Acci-dents Claims Tribunal, Jhabua in Claim Case No. 112 of 2006. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,98,200 with interest to the claimant by way of compensation for the injury which he sustained in an acci-dent. According to claimant, i.e., appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensa-tion awarded by the Tribunal, 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 had 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 bur-den the judgment by detailing facts on all these issues.

(3.) Learned counsel for the appellant submits that appellant was an agriculturist aged 30 years at the time of accident, which took place on 25.3.2006. It is submitted that appellant sustained grievous injuries on various parts of the body. It is sub-mitted that appellant sustained fracture in right leg. It is submitted that appellant was hospitalised initially at Jhabua, thereafter, at Dahod in Gujarat State and lastly at Badoda. It is submitted that appellant sus-tained 51.9 per cent permanent disability. It is submitted that appellant is not in a position to do any work himself. It is sub-mitted that learned Tribunal has awarded a sum of Rs. 1,98,200, break-up of which is as under: <FRM>JUDGEMENT_1354_ACJ_2011_1.html</FRM>