PREM SINGH Vs. KARAMAT ALI

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 17.7.12 passed by Motor Vehicles Claims Tribunal, Badwani in Claim Case No. 67/11. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 5,67,000/ - 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, 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 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 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 permanent disability to the extent of 65%. It is submitted that the learned Tribunal assessed loss of income @ 100% and after assessing the income @ 3,000/ - per month, applied the multiplier of 12. It is submitted that income of the appellant assessed by the learned Tribunal is on lower side. It is submitted that looking to the injuries sustained by the appellant, amount awarded by the learned tribunal on all the heads is on lower side which deserves to be enhanced. It is submitted that the appeal be allowed and the amount be enhanced.