SUNITABAI Vs. SUMERSINGH

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under section 173 of the Motor Vehicles Act against an award dated 23.3.2009, passed by M.A.C.T., Shajapur, in Claim Case No. 65 of 2008. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,87,000 with interest to the claimants for the death of one Kamalsingh, who had died in a motor accident. According to the 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 Claims 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 firstly 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 or insurance company either by way of cross -appeal or crossobjection. In this view of the matter, there if no justification to burden the judgment by detailing facts on all these issues.

(3.) LEARNED counsel for the appellants submit that the learned Tribunal assessed the income of the deceased at Rs. 2,000 per month and after deducting 1/3rd towards personal expenses applied the multiplier of 17. It is submitted that the income assessed is on lower side as the deceased was the driver and the accident is of the year 2008. It is submitted that on other heads also the amount awarded is on the lower side. It is submitted that the appeal filed by the appellants be allowed and the amount of compensation be enhanced.