SAVITRI SINGH RAJPUT Vs. SHAH COAL PVT. LTD.

JUDGEMENT

(1.) This miscellaneous appeal has been filed by the appellants/claimants under Sec. 173(1) of the Motor Vehicles Act, 1988 being aggrieved by the award dtd. 15/11/2022 passed by Motor Accident Claims Tribunal, Waidhan Distt. Singrauli (M.P.) in MACC No.05/2021 by which the claims tribunal has awarded a total sum of Rs.9,40,000.00 (Nine Lakhs Forty Thousand) with prevailing Bank rate of interest to the appellants/claimants for death of Rampal Singh Rajput, who died in motor vehicle accident.

(2.) Since this appeal is for enhancement in the compensation amount awarded by the learned Claims Tribunal, hence the question that arises for consideration is whether any case for enhancement in compensation awarded by the claims tribunal on facts and 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 firstly all these findings are recorded in favour of appellants/claimants by the Tribunal. Secondly, the findings though recorded in claimants' favour are not under challenge at the instance of any of the respondents such as owner/driver or insurance company either by way of filing an appeal or cross-objection. In this view of the matter, there is no justification to burden this order by detailing facts on all these issues.