SAVITRIBAI AND OTHERS Vs. V SHERSINGH

JUDGEMENT

(1.) compensation awarded is on lower side and hence needs to be enhanced. It is for the enhancement in the compensation awarded by the Claims Tribunal, the claimants have filed this appeal. So the question that arises for consideration is whether any case for enhancement/reduction in compensation awarded by the Tribunal on facts/evidence adduced is made out 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 the 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.) As observed supra, it is a death case. On 19.1.2010 deceased Gopal, who was aged 45 years, met with a motor accident and died, giving rise to filing of claim petition by legal representatives (appellants herein) out of which this appeal arises seeking compensation for death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by Impugned award partly allowed the claim petition filed by the claimants and, as stated supra, awarded a sum of Rs. 1,63,400, break-up of which is as under: <FRM>JUDGEMENT_291_LAWS(MPH)11_2012_1.html</FRM>