AMIT Vs. SWARN SINGH SINDHU

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 10th November, 2010 passed by Motor Vehicle Accident Claims Tribunal, Indore in Claims Case No. 610/09. By the impugned award the Claims Tribunal has awarded a total sum of Rs. 1,91,000/- 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 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? 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 claimants 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.

(2.) Learned Counsel for the appellant submits that appellant was aged 23 years at the time of the accident, which took place on 12th November, 2008. It is submitted that appellant sustained grievous injuries. It is submitted that appellant sustained fracture of nasal bone and also of jaw. It is submitted that the appellant was hospitalized at Gujarat where the accident took place for a period of 3 days and thereafter appellant was again hospitalized for a period of 12 days at Indore. It is submitted that learned Tribunal has awarded a sum of Rs. 1,91,000/- , breakup of which is as under : <FRM>JUDGEMENT_70_MPWN3_2011_1.html</FRM>

(3.) Learned Counsel for the appellant submits that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is on lower side as on number of heads amount awarded by the learned Tribunal is no lower side and on number of heads no amount has been awarded.