KAMAL SINGH Vs. MAHESH CHAND

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 3.12.2010 passed by XV Motor Accident Claims Tribunal, Indore in Claim Case No. 270/09. By the impugned award, the Claims Tribunal awarded the compensation as Rs. 1,44,53.1 with interest to the claimant by way of compensation for the injury which appellant 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 all these findings are recorded in favour of claimant by the Tribunal. Secondly, none of these findings though recorded in claimant 'sfavour are under challenge at the instance of any of the respondents such as owner/driver 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 in a motor accident which took place on 24.9.2008 appellant sustained fracture of femur bone and also clavicle bone and also lost 5 teeth. Appellant was hospitalised for 51 days . where appellant was operated and rod was inserted. It is submitted that permanent disability was assessed as 10% by the learned Tribunal. It is submitted that looking to the injuries the amount awarded is on lower side, hence prayed that appeal be allowed and amount be enhanced.