AMARSINGH AND ANOTHER Vs. NARENDRA SINGH AND ANOTHER

JUDGEMENT

(1.) Being aggrieved by the award dated 08-05-2012 in claim case No. 44/2012 passed by MACT, Jhabua whereby learned tribunal awarded a total sum of L 1,39,500/- with interest to the claimants. According to claimants, the compensation awarded is on lower side and 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/ eduction, 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 claimants by the Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the in- stance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal of 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 01- 07-2009 deceased/Angoori, aged 12 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 claimants and as stated supra, awarded a sum of L -1,39,000/-, break-up of which is as under : <FRM>JUDGEMENT_287_LAWS(MPH)11_2012_1.html</FRM>