HEERABEN Vs. HITESH

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under section 173 of the Motor Vehicles Act against the award dated 22.6.2009 passed by Fourth Addl. Member, M.A.C.T., Indore in Claim Case No. 62 of 2008. By the impugned award, the Claims Tribunal has awarded a sum of Rs. 11,39,500 to the claimants for the death of one Veerjibhai Patel who died in motor accident. According to the claimants, i.e., appellants herein, the compensation awarded is on lower side and hence, needs to be enhanced. 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 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 claimants by the learned Tribunal. Secondly, none of these findings though recorded in favour of claimants 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, it is not necessary to burden the judgment by detailing facts on all these issues.

(3.) LEARNED counsel for respondent No. 3 submits that the document, Exh. P71, which is the return does not bear the signature of the deceased. It is submitted that in the earlier years, the income of deceased was Rs. 1,45,000 and, therefore, the Tribunal has rightly taken into consideration the income of the deceased at Rs. 1,50,000. It is submitted that the appeal be dismissed.