NARAYAN Vs. DEVENDRA KUMAR

JUDGEMENT

(1.) Being aggrieved by the award dated 9.12.2002 passed by II MACT, Ratlam in claim case No. 63/2001 whereby learned Tribunal awarded a total sum of Rs. 1,28,000 with interest to the claimant by way of compensation for the injury which he sustained in an accident. 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 compensation 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 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.) Learned Counsel for the appellant submits that appellant aged 50 years on the date of accident which took place on 19.10.2000 appellant sustained grievous injuries. It is submitted that learned Tribunal assessed the permanent disability @ 50% which ought to have been assessed 100% similarly income of the appellant was assessed Rs. 2,100 per month and awarded Rs. 1,61,000 out of which 20% amount has been deducted on account of contributory negligence on the part of appellant. Learned Counsel for the appellant submits that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is on lower side which deserves to be enhanced by allowing the appeal filed by the appellant.