SANJAY JAIN Vs. SUJEET AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the claimant under Sec. 173 of the Motor Vehicles Act against an award dated 9th May, 2011 passed by 8th Additional Motor Accident Claims Tribunal, Indore in Claim Case No. 411/2010. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 54,000.00 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, need to be enhanced. It is for the enhancement in the compensation awarded is on lower side an 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 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 Insurance Company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgement by detailing facts on all these issues.

(3.) Learned Counsel for the appellant submits that appellant was aged 42 years at the time of accident, which took place on 21st April, 2010. Appellant was hospitalized for some time. Appellant sustained fracture of femur bone. It is submitted that Learn ed Tribunal has awarded a sum of 54,000.00, break-up of which is as under: <FRM>JUDGEMENT_265_LAWS(MPH)7_2012.html</FRM>