LAWS(MPH)-2012-7-375

SHIV GOPAL VISHWAKARMA Vs. DEVENDRA KUMAR AND OTHERS

Decided On July 31, 2012
Shiv Gopal Vishwakarma Appellant
V/S
Devendra Kumar And Others Respondents

JUDGEMENT

(1.) Assailing the award dated 10.10.2007, passed by the learned Member Motor Accident Claims Tribunal, Raisen, in Claim Case No.17/2007 on the point of inadequacy of the compensation, the injured appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for an accident took place on 15.05.2006 in which he sustained severe injuries.

(2.) The appellant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.5,75,000/ for the injuries sustained by him. The reply to the claim petition was filed and after recording the evidence, the Tribunal recorded the finding that it is a case of grievous injury, however, awarded a sum of Rs.77,300/ bypassing the impugned award.

(3.) As the incident occurred, negligence of driver of driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellant by the Tribunal. None of those findings have been assailed at the instance of the respondents i.e. owner, driver or insurance company by filing the cross appeal or the cross objection, however it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paragraphs.