BHAGVANTIBAI Vs. DHANSINGH

JUDGEMENT

(1.) This is an appeal filed by the claimants under section 173 of the Motor Vehicles Act, 1988, against an award dated 14.10.2004, passed by the learned Member, Motor Accidents Claims Tribunal, Shajapur in Claim Case No. 17 of 2004. By impugned award, the Tribunal has awarded a total sum of Rs. 14,09,676 with interest to the claimants for the death of one Amarsingh, who died in vehicular accident. According to claimants, the compensation awarded is on the 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? And secondly, whether Claims Tribunal was justified in exonerating the insurance company from the liability?

(2.) 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. It is for the reason that, firstly, all these findings are recorded in favour of claimants by Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/driver or the 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.

(3.) Heard Mr. Sanjay Patwa, the learned counsel for the appellants and Mr. S.V. Dandwate, learned counsel for insurance company, respondent No. 3.