JAGDISHPRASAD Vs. CHANDRAKANT

JUDGEMENT

(1.) This is an appeal filed Motor Vehicles Act against an award dated :he claimant under section 173 of the 2.5.2011 passed by XIV Motor Accidents Claims Tribunal, Fast Track Court, Indore in Claim Case No. 41 of 2011. By the impugned award, the Claims Tribunal awarded Rs. 3,89,419 with interest to the claimant by way of compensation for the injury which appellant sustained in an accident. According to claimant, i.e., appellant herein, 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 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 either by way of cross-appeal or cross-objection. Therefore, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) As observed supra, it is an injury case. Break-up of the amount awarded is as under: <FRM>JUDGEMENT_1501_ACJ_2014_1.html</FRM>