SAVITA MISHRA Vs. VASHIM KHAN

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed by the appellants/claimants under Sec. 173(1) of the Motor Vehicles Act for enhancement of compensation amount being aggrieved with the award dtd. 13/12/2021 passed by Motor Accident Claims Tribunal, Rewa in MACC No. 59/2019, by which the Claims Tribunal has awarded a total sum of Rs.64,51,709.00 (Sixty Four Lakhs Fifty One Thousand Seven Hundred Nine) with interest @ 6% per annum to the claimants for the death of Ramashankar Mishra, who died in motor vehicle accident.

(2.) According to claimants, the compensation awarded by the learned Tribunal is on lower side, hence needs to be enhanced. So the question that arises for consideration is whether any case for enhancement of compensation, awarded by the Tribunal on facts/ evidence adduced is made out and if so to what extent?

(3.) 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 claimants by the Tribunal. Secondly, the findings though recorded in favour of claimants are not under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of cross-appeal or cross-objection. In this view of the matter, there is no justification to burden the judgment by detailing facts on all these issues.