MANGILAL Vs. SHYAMLAL

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 3.10.2011 passed by II MACT, Mandsaur in claim case No. 150/2010. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,27,000 with interest to the claimants. According to claimants, 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/reduction, in compensation awarded by the Tribunal on facts / evidence adduced is made out 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 Tribunal. Secondly, none of these findings though recorded in claimants ' 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 respondent No. 3 submits that in the facts and circumstances of the case, the amount awarded by the learned Tribunal is just and proper which requires no interference and the appeal filed by the appellants be dismissed.