GANGARAM Vs. HARI SINGH

JUDGEMENT

(1.) Claimants are in appeal under section 173 of the Motor Vehicles Act, questioning the legality and validity of the award dated 25.11.2004 passed by the learned Additional Member, M.A.C.T., Kukshi, district Dhar (MP) in Claim Case No. 161 of 2004.

(2.) The only grievance raised in appeal is about inadequacy of the compensation awarded by the Tribunal for the death of one Jagdish, who died at the age of 28 years and who was engaged in the profession of a skilled worker, i.e., mason. In all, the Tribunal awarded a sum of Rs. 2,95,000, along with interest payable at the rate of 8 per eent per annum. So the short question arises for consideration in this appeal is whether any case for further enhancement in the compensation awarded by the Tribunal is made out and, if so, to what extent.

(3.) Looking to the controversy involved we do not wish to burden our judgment by narrating the entire facts as they are not necessary. The findings with regard to the liability and the manner in which the accident occurred are already held in favour of the claimants. In the absence of any crossappeal or even cross-objection filed by any of the respondents, namely, owner, driver and insurer, those findings have attained finality and, therefore, they need not be taken note of.