ARJUN Vs. SURENDRA SINGH & OTHERS

JUDGEMENT

(1.) Shri Manish Jain, learned counsel for the appellant. Shri S.V. Dandwate, learned counsel for the respondent No.3. Claimant is in appeal under Section 173 of the Motor Vehicles Act against an award, dated 25.8.2009, passed by learned Additional Member, Motor Accident Claims Tribunal, Sardarpur in Claim Case No.1172 of 2007. By impugned award, the learned Member of Claims Tribunal has awarded a total compensation of L 2,14,762/out of which the Tribunal has deducted 30% amount holding the appellant also negligent for the said accident as he was not holding the valid driving license together with interest at the rate of 6% per annum from the date of claim petition till realization for the injuries sustained by the claimant.

(2.) According to claimant firstly, the compensa- tion awarded by the Tribunal is on lower side and hence, need to be enhanced so as to make it reasonable, adequate, proper and in conformity with the provisions of Motor Vehicles Act. Secondly, the Tribunal has wrongly deducted 30% amount from the total amount awarded. It is essentially for this reason, the claimant has filed this appeal claiming enhancement in the compensation. So the short questions that arise for consideration in this appeal is, whether any case for enhancement in the compensation awarded by the Tribunal is made out and if so, to what extent and whether the Tribunal has rightly deducted 30% amount from the total amount awarded towards compensation.

(3.) In view of short controversy involved in the appeal, it is really not necessary to take note of the facts in detail except those which are necessary. It is also for the reason that findings in relation to nature of accident, how it occurred, who was responsible for causing injury, liability, etc. are decided in favour of claimant by the Tribunal. In the absence of any challenge to these findings by the respondents, by not filing any cross appeal or cross objection, these findings have become final.