RAJNI JAIN Vs. PAWAN KUMAR

JUDGEMENT

(1.) This is an appeal filed by the appellants/claimants under Sec. 173(1) of the Motor Vehicles Act, 1988 against the award dtd. 23/01/2023 passed by 26th Additional Motor Accident Claims Tribunal, Jabalpur (M.P.) in MACC No.1971/2019, whereby the learned Claims Tribunal awarded a total sum of Rs.13,84,872.00 (Thirteen Lakhs Eighty Four Thousand Eight Hundred Seventy two) which is rounded off as Rs.13,84,870.00 (Thirteen lakhs eighty four thousand eight hundred seventy) with interest @ 6% per annum to the appellants/claimants for the death of Rajesh Jain aged about 55 years, who died in motor vehicle accident. According to claimants i.e. appellants herein, the compensation awarded by the learned Claims Tribunal is on lower side and hence, needs to be enhanced.

(2.) Since, this Appeal is for enhancement in the compensation amount awarded by the Claims Tribunal, hence the question that arises for consideration is whether any case for enhancement in compensation awarded by the learned 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 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 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.