CHANDERSINGH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 12.10.2006 passed by the Motor Accidents Claims Tribunal, Neemuch in Claim Case No. 108 of 2005. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,93,641 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, needs 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 the 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.) MR. H.C. Jindal, the learned counsel for the respondent No. 1, submits that the amount awarded by the learned Tribunal is just and proper and no case is made out for enhancement of the amount of compensation. The learned counsel further submits that compensation is being claimed on the ground that the appellant was a driver by profession but no driving licence was placed on record to demonstrate that the appellant was a driver. It is submitted that since appellant has failed to establish that the appellant was a driver possessing a valid driving licence, therefore, learned Tribunal has rightly assessed the compensation at Rs. 1,000 per month. It is submitted that appeal filed by the appellant be dismissed.