KALURAM Vs. GHURALAL

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 10.12.2008 passed by M.A.C.T.,Ratlam in Claim Case No. 50 of 2008. By the impugned award, the Claims Tribunal has awarded a total sum of Rs.1,42,000 with interest to the claimants for the death of one Dhulji Bhil, who died in a vehicular accident. According to claimants,the compensation awarded is on lower side and hence needs 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 Claims 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 submits that income of the deceased has been assessed on notional basis and no other heads have been awarded. It is submitted that since the accident occurred in the year 2008, therefore, the income of the deceased ought to have been assessed at Rs.4,000 per month. It is submitted that appeal be allowed and amount be enhanced.