REKHABAI AND ANOTHER Vs. BASANT KUMAR AND OTHERS

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been filed by the claimants who are the parents of the deceased against the award dated 5th Oct., 2009 passed by the learned II Member, Motor Accident Claims Tribunal, Shajapur in Claim Case No. 22/2009.

(2.) One Kapil died in the road motor accident which took place on 15.4.2009, therefore, the claimant (parents of Kapil) had filed claim petition before the Tribunal. The Tribunal found that at the time of accident, the deceased was about six and a half years of age, therefore, the Tribunal awarded a sum of Rs. 1,50,000 on account of loss of dependency. The Tribunal further awarded a lump sum amount of Rs. 25,000.00 under other heads. Thus, a total compensation of Rs. 1,75,000.00 has been awarded by the Tribunal together with interest @ 6% per annum 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-objection or cross-appeal. In that view of the matter, it is not necessary to burden the order by detailing the facts on those issues.