PRAKASH KUNWER Vs. RAHESHYAM

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 21.5.2011 passed by MACT, Ratlam in Claim Case No. 101/2010. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 4,11,000 with interest to the claimants for the death of one Madansingh, 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 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 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 the appellants submit that income of the deceased was assessed @ Rs. 4,000 per month and after deducting l/4th towards personal expenses multiplier of 11 was applied. It is submitted that amount awarded by learned Tribunal is on lower side. It is submitted that on other heads amount awarded is also on lower side. It is submitted that appeal be allowed and amount be enhanced.