GORABAI Vs. MAHENDRA

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under section 173 of the Motor Vehicles Act against an award dated 25.9.2009 passed by the Motor Accidents Claims Tribunal, Shajapur in Claim Case No. 137 of 2008. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,22,000 with interest to the claimants for the death of one Kuldeep who died in a motor vehicle accident. 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 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 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 instance of any of the respondents such as owner/driver 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 appellants submits that in a motor accident which took place on 25.8.2007, a child named Kuldeep aged 6 years sustained grievous injuries. He was treated at Shajapur and Bhopal and thereafter shifted to Bombay Hospital, Indore, but ultimately could not be saved and he died on 28.8.2007. It is submitted that deceased was the only son of their parents, hence it was prayed that appeal be allowed and amount be enhanced.