SANGITA BAI Vs. SATWANT SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 19.5.2010 passed by XVI Motor Accident Claims Tribunal, Indore in Claim Case No. 87/2009. By the impugned award, Claims Tribunal has awarded a total sum of Rs. 1,64,000 with interest to the claimants for the death of one Shubham who died in vehicle accident. 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 in compensation awarded by the Tribunal on facts/evidence adduced is made out and if so to what extent. 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 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 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.

(2.) AS observed supra, it is a death case. Break -up of the amount awarded is as under:

(3.) LEARNED Counsel for respondent/Insurance Company submits that amount awarded is just and proper and no case of further enhancement is made out, hence the appeal be dismissed. After taking into consideration all the facts and circumstances of the case, this Court is of the view that amount awarded is on lower side and a case of enhancement is made out. Accordingly the amount is enhanced by a further sum of Rs. 50,000, as prayed, which shall carry interest @ 8% per annum from the date of application.