SAVITRIBAI Vs. SHERSINGH

JUDGEMENT

(1.) BEING aggrieved by the award dated 19.11.2010 in Claim Case No. 23 of 2010 passed by M.A.C.T., Mandsaur, whereby learned Tribunal awarded a total sum of Rs. 1,63,400 with interest to the claimants. 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 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.) LEARNED counsel submits that learned Tribunal, after assessing the income at Rs. 14,400 per annum, deducted one -fourth for personal expenses, applied the multiplier of 14 and awarded Rs. 1,63,400. It is submitted that appellant No. 2 is the son of the deceased who is mentally retarded. It is submitted that in a death case amount awarded is grossly inadequate. It is submitted that amount awarded is inadequate which deserves to be enhanced by allowing the appeal filed by the appellants.