LAWS(MPH)-2011-5-84

CHANDABAI Vs. BABULAL

Decided On May 06, 2011
CHANDABAI Appellant
V/S
BABULAL Respondents

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the claimants against the award dated 11/2/2008 passed by Motor Accident Claims Tribunal, Ratlam in Claim Case No. 101/2008.

(2.) One Kamlesh had suffered injuries in the road motor accident, which had taken place on 3-6-2008 and had died on account of those injuries. Accordingly, the appellants who are the dependents of the deceased had filed the claim petition before the Tribunal. The Tribunal found that the deceased was earning Rs. 1000/- per month and assessed the age of the deceased between 25-30 years. The Tribunal after applying the multiplier of 13, calculated the amount of loss of dependency as Rs. 2,04,000/- and adding the amount under the other heads, passed an award of Rs. 2,13,500/- along with the interest @ 6%.

(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 compensation. The Tribunal has already recorded the findings on these issues in favour of the appellants. 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.