MURLI DAS Vs. SHISHUKUNJ EDUCATIONAL SOCIETY

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 26.2.2010 passed by II Motor Accident Claims Tribunal, Indore, in Claim Case No. 173/2009. By the impugned award, the Claims Tribunal has awarded a sum of Rs. 1,50,400 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?

(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 (Murlidas) who was aged 52 years at the time of accident, which took place on 5.2.2008. Appellant sustained fracture of leg. Appellant was operated and rod was inserted. It is submitted that learned Tribunal awarded. a sum of Rs. 1,50,400, breakup of which is as under: