GAGANDEEP Vs. ANIL KUMAR

JUDGEMENT

(1.) The claimant has filed this appeal being aggrieved by the award dated 19.1.2005 in Claim Case No. 28 of 2004 passed by M.A.C.T., Indore whereby learned Tribunal awarded a total sum of Rs. 40,430 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant, i.e., appellant herein, 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 claimant by the Tribunal. Secondly, none of these findings though recorded in claimant's favour are under challenge at the instance of any of the respondents such as owner/driver or the 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 appellant submits that in a motor accident which took place on 29.6.2003 appellant sustained injuries. It is submitted that the learned Tribunal awarded a sum of Rs. 40,430, break-up of which is as under: <FRM>JUDGEMENT_27_ACJ_2014_1.html</FRM>