JAISHREE Vs. VARSHA DEALERS

JUDGEMENT

(1.) This appeal is filed by the appellants under Section 173 of the Motor Vehicles Act against an award dated 1.10.2010, passed by learned IX Additional Member MACT, Indore, in claim case No. 291/2010. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,38,500 with interest to the claimants by way of compensation in the accident occurred on 15.10.2008, causing death of Ku. Shraddha Laad.

(2.) Appellants had preferred a claim petition under Sections 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 14,00,000. According to the appellants compensation awarded by the Tribunal is meagre and deserves enhancement; however, by filing the appeal inadequacy of the compensation has been assailed.

(3.) 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 to pay compensation, etc., because the Tribunal has already recorded the findings in favour of the appellants, none of those findings have challenged at the instance of the respondents i.e., owner/driver/Insurance Company by filing cross-objection or cross-appeal. In that view of the matter it is not necessary to burden the judgment by detailing the facts on all these issues.