DILIP SINGH Vs. BANNE BEG AND OTHERS

JUDGEMENT

(1.) Assailing the award dated 02.09.2009 passed by the Additional Motor Accident Claims Tribunal (Fast Track), Lahar, District Bhind, in Claim Case No. 94/08, on the point of inadequacy of the compensation, the injured appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for an accident took place on 11.04.2008, in which he sustained injuries.

(2.) The appellant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.5,00,000/- for the injuries sustained by him. The reply to the claim petition was filed and after recording the evidence, the Tribunal recorded the finding that it is a case of simple injury, however awarded a sum of Rs.16,386/- by passing the impugned award.

(3.) As the incident occurred, negligence of driver of driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellant by the Tribunal. None of those findings have been assailed at the instance of the respondents i.e. owner, driver or insurance company by filing the cross-appeal or the cross-objection, however it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paragraphs.