LAWS(MPH)-2010-3-106

MOHAN SINGH Vs. JAGDISH PRASAD

Decided On March 18, 2010
MOHAN SINGH Appellant
V/S
JAGDISH PRASAD Respondents

JUDGEMENT

(1.) This appeal is filed by the Appellant under Section 173 of the Motor Vehicles Act against an award dated 23rd December, 2006 passed by learned IV MACT, Dewas in claim case No. 67/2006. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,88,500 with interest to the Appellant by way of compensation for the injuries sustained in the accident occurred on 10th October, 2005.

(2.) Appellant had preferred a claim petition under Section 166 and 140 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 17,00,000. According to the Appellant compensation awarded by the Tribunal is meager and deserves enhancement, however, by filing the appeal inadequacy of the compensation has been assailed.

(3.) It is not necessary to narrate the entire facts in details. Such as how the accident occurred, who was negligent in driving the offending vehicle, who is liable to pay compensation, etc., because the Tribunal has already recorded the findings in favour of the Appellant. None of those finding have 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 judgment by detailing the facts on all these issues.