ANTARSINGH Vs. NANDKISHORE

JUDGEMENT

(1.) This is an appeal filed by the claimant u/S.173(1) of the Motor Vehicles Act, 1988 challenging the award dated 26.07.2012 passed by VIII Additional MACT, Indore in Claim Case No.195/2007 awarding a total sum of Rs.3,51,000/-. The appeal has been filed by the claimants for enhancement since the compensation awarded by the Tribunal is very much on the lower side and hence needs to be enhanced. The only question that arises for consideration in this appeal is whether the enhancement is available to the appellant according to the provisions of law. Moreover it is not necessary to go into the question regarding findings of the Tribunal in relation to liability of the insurance Company or nature of the accident. It has not been challenged and the findings of the Tribunal have attained finality since neither cross appeal nor cross objections have been filed and thus the said findings of the Tribunal, therefore, have become final.

(2.) Brief facts of the case are that on 11.07.2006 approximately at 16:15 pm non-appellant No.2 Santosh was driving a metador from Charkyapuri square police station Annpurna, Indore which was filled with gitti (crushed stone), the vehicle was driven negligently and speedily and it caused the accident. The metador entered into the shop which belonged to one Deepak, who also received grievous injuries and the appellant Antersingh, who was sitting in the said vehicle as a labourer received injuries also, since the vehicle had turned turtle. On the date of the accident non-appellant No.1 Nandkishore was the owner of the vehicle and it was insured with respondent No.3 Oriental Insurance Company. The present appellant received injuries and as a result of which he filed a claim case u/S.173 of the Motor Vehicle Act before the MACT, Indore.

(3.) The claim was contested by the respondents and after adducing the evidence learned Tribunal awarded a sum of Rs.3,51,000/- to the present appellant.