MUNSHI Vs. NEW INDIA INSURANCE CO LTD

JUDGEMENT

(1.) The Appellant/claimant has preferred this appeal Under Section 173 of the Motor Vehicless Act (in short "Act") for enhancement of the sum awarded by the Second Additional Motor Accident Claims Tribunal, Fast Track Court, Harda in Motor Vehicles Claim Case No. 12/2003 vide award dated 21/01/2003, whereby his claim filed with respect of death of his younger brother namely Banshi aged 30 years in the alleged vehicular accident, has been awarded only for the sum of Rs. 1,44,000/ - alongwith interest @ 9% per annum from the date of filing the claim petition.

(2.) The findings of the tribunal holding the brother of the Appellant died in the alleged road accident caused due to rash and negligent driving of the offending vehicle by the Respondent No. 2 and such vehicle being registered in the name of Respondent No. 3 was insured with Respondent No. 1 based on appreciation of the evidence are not under challenge in this appeal. So on such questions this appeal is not required any consideration at this stage.

(3.) This appeal is preferred by the Appellant only for the enhancement of the sum awarded by the Tribunal, hence in view of aforesaid undisputed findings of the tribunal; mentioning the entire facts of the case relating to the accident in this order are not necessary. Therefore, only by mentioning the necessary facts in this order, the appeal is being decided.