KULDEEP SINGH Vs. C CHAINNAMAL

JUDGEMENT

(1.) BEING aggrieved by the award dated 5.5.2009 in Claim Case No. 187 of 2009 passed by Fifth M.A.C.T., Indore whereby learned Tribunal awarded a total sum of Rs. 3,16,000 with interest to the claimant by way of compensation for the injury which he sustained in an accident, the claimant has filed this appeal for enhancement of the compensation. According to claimant, i.e., appellant 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 the 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 the 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.) THE learned counsel submits that in a motor accident which took place on