GAURAV Vs. INDORE PUBLIC SCHOOL ACHAL CHOUDHARY

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 Motor Accident Claims Tribunal, Indore in Claim Case No. 402/09. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,99,439 with interest to the claimant for the injuries which appellant sustained in the accident According to claimant/appellant herein, 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 all these findings are recorded in favour of claimant by the Tribunal. Secondly, none of these, findings though recorded in claimant 'sfavour 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.

(3.) LEARNED Counsel for the appellant submits that in a motor accident which took place on 11.2.2009, a young boy Gaurav aged 19 years sustained head injuries, fracture of jaw and other injuries. He was in ICU and kept on ventilator. It is submitted that according to the medical evidence adduced appellant sustained permanent disability to the extent of 25% but learned Tribunal committed error in believing the same as 10%. It is submitted that income has been assessed on lower side and in other conventional heads no amount has been awarded, hence prayed that appeal be allowed and amount be enhanced.