PACHKI BAI Vs. MANSHA RAM

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 28.8.2002, passed by the learned Member, Motor Accidents Claims Tribunal, Kukshi at District Dhar in the Claim Case No. 26 of 1999. By impugned award, the Tribunal has awarded a total sum of Rs. 3,73,361 with interest to the claimants for the death of one Mohan, who died in vehicular accident. According to the claimants, the compensation awarded is on a lower side and hence, it needs to be enhanced. It is for claiming enhancement in the 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. S. Patwa, learned counsel for the appellants and Mr. Milind Phadke, 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, who is liable for paying compensation, etc. It is for the reason that, firstly, all these findings are recorded in favour of the claimants by the Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any 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.