PINTOO AMARAJI BACHADA Vs. HUSSEIN AMIR BEG

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 has been filed by the claimant against the award dated 18-12-2007 passed by IInd Motor Accident Claims Tribunal, (Fast Track Court), Jaora in Claim Case No. 251/2006.

(2.) The appellant had suffered injury in the road motor accident, which had taken place on 8-6-2006 Accordingly, he had filed the claim petition before the Tribunal. The Tribunal found that the appellant had suffered 34% permanent disability in the accident and the Tribunal also assessed the monthly income of the appellant as Rs. 2,100-00 per month and after applying the multiplier of 17, the Tribunal assessed the total compensation under all the heads as Rs. 3,00,161-00. The Tribunal deducted 30% of the amount on the ground of contributory negligence and passed an award of Rs. 2,10,113-00 in favour of the appellant along with the interest @6% per annum from the date of application till realization.

(3.) It is not necessary to narrate the entire facts in details, such as how the accident occurred, negligence in driving the offending vehicle, and liability to pay compensation etc. because the Tribunal has already recorded the findings in favour of the appellant and none of those findings have been challenged at the instance of the respondents i.e. owner /driver/Insurance Company by filing cross appeal or cross objection. In that view of the matter it is not necessary to burden the judgment by detailing the facts on those issues.