JAGDISH Vs. JITENDRA SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 28.7.2011 passed by 5th Additional Motor Accident Claims Tribunal, Indore, in Claim Case No. 22/2009. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 7.70,552/ - 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 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 judgment by detailing facts on all these issues.

(3.) LEARNED counsel for respondent No. 3/insurance company submits that the amount awarded is on higher side. The income tax returns were submitted after the accident and also it was the photo stat copies which was not relied upon. It is submitted that the amount awarded by the learned Tribunal is just and proper and no further enhancement can be made. The appeal has no merit and the same be dismissed.