PARVATLAL Vs. BHERULAL

JUDGEMENT

(1.) This appeal under section 73 of the Motor Vehicles Act, 1988 has been filed by the claimant against the award dated 23.4.2008, passed by Second Additional Member, Motor Accidents Claims Tribunal (Fast Track Court), Jaora (M.P.) in Claim Case No. 195 of 2006.

(2.) The appellant had suffered injuries in the motor accident, which had taken place on 9.4.2006. Accordingly he had filed the claim petition before the Tribunal. The Tribunal found that in the accident appellant had suffered permanent disability in reference to the whole body to the extent of 40 per cent. The Tribunal assessed the monthly income of the appellant as Rs. 2,100 and found the age of the appellant as 35 years and applied the multiplier of 16. The Tribunal awarded a sum of Rs. 1,61,280 under the head of loss of income due to permanent disability. The Tribunal awarded the following amount under the different heads: <FRM>JUDGEMENT_2298_ACJ_2011_1.html</FRM>

(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 the issue of liability as to who is liable to pay the compensation. The Tribunal has already recorded the findings on these issues in favour of the appellant. None of those findings have been assailed at the instance of the respondents i.e., owner/driver/insurance company by filing cross-appeal or cross-objection. Thus it is not necessary to burden the judgment by detailing the facts on the said issues.