DEVENDRA SINGH Vs. SHISHUPAL SINGH RAJAWAT AND OTHERS

JUDGEMENT

(1.) This appeal under Section 173 of Motor Vehicles Act, 1988 has been preferred by the appellants claimants for enhancement of compensation by calling in question the inadequacy of compensation awarded by the Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No.197/2006 vide award dated 04/04/2007.

(2.) It is not necessary to narrate the entire facts in detail, such as how the accident occurred, the injuries sustained, who was negligent in driving the offendig vehicle, who is liable to pay compensation, etc., because the learned Tribunal already recorded the findings in favour of the appellant/claimant. None of those findings have been challenged at the instance of the respondents, i.e., owner, driver and Insurance Company by filing any cross objection or cross appeal. In that view of the matter, it is not necessary to burden the order by dealing the facts on all these issues.

(3.) Shri Vijay Sundaram, learned counsel for the appellant submits that on account of grievous injuries sustained in the accident, the appellant has sustained 30% permanent disability and, therefore, the compensation awarded by the learned Tribunal is inadequate and without looking to the permanent disablement or the injuries sustained and the loss of earning. Thus, compensation may be enhanced.