GITESH Vs. BADRI PRASAD

JUDGEMENT

(1.) This is an appeal filed by the claimants who are legal representatives of the deceased under section 173 of the Motor Vehicles Act against an award dated 30.7.2001, passed by the learned Member, Motor Accidents Claims Tribunal, Shajapur in Claim Case No. 34 of 2001. By impugned award, the Tribunal has awarded a total sum of Rs. 3,50,000 with interest to the claimant for the death of one Ashok, who died in vehicular accident. According to claimants, the compensation awarded is on a lower side and hence, it needs to be enhanced. It is for claiming enhancement in compensation awarded by the Tribunal, the claimants have come up in appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence is made out in the compensation awarded and if so, to what extent?

(2.) Heard Mr. Tarun Kushwah, learned counsel for the appellants and Mr. M.L. Dhupar, learned senior counsel with Mr. P. Meetha, learned counsel for respondent insurance company.

(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, 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 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, we do not wish to burden our judgment by detailing facts on all these issues.