HEMANT SINGH Vs. VIJAY

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 1.12.2008 passed by the Motor Accidents Claims Tribunal, Indore, in Claim Case No. 279 of 2007. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,01,500 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant, i.e., appellant herein, the compensation awarded is on lower side and hence needs 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, firstly, all these findings are recorded in claimant's favour which are not 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, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) LEARNED counsel for the appellant submits that the appellant sustained crush injuries in the left leg. It is submitted that appellant was hospitalised where appellant was operated on four occasions. It is submitted that total expenditure for medical expenses is Rs. 3,34,000. It is submitted that the permanent disability caused to the appellant was to the extent of 90 per cent but learned Tribunal assessed permanent disability at 25 per cent and awarded only Rs. 30,000. It is submitted that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is on lower side which deserves to be enhanced. It is submitted that the appeal be allowed and the amount be enhanced.