ARUN Vs. JUGAL KISHORE AGRAWAL

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 25.2.2011 passed by XV Additional Motor Accident Claims Tribunal (Fast Track), Indore in Claim Case No. 173/10. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 63,800 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 fur 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 was aged 37 years at the time of accident, which took place on 10.2.2009. It is submitted that the appellant was the truck driver. It is submitted that the appellant sustained multiple fractures, which includes fracture of hip bone. It is submitted that the appellant was hospitalized, where appellant was operated. It is submitted that the appellant sustained permanent disability to the extent of 27%, which has wrongly been assessed as 7% by the learned Tribunal. It is submitted that the learned Tribunal awarded a sum of Rs. 63,800, breakup of which is as under: <FRM>JUDGEMENT_560_TLMPH0_2011_1.html</FRM>