BOOLIBAI Vs. HARISINGH

JUDGEMENT

(1.) This is an appeal filed by the claimants under section 173 of the Motor Vehicles Act against an award dated 6.8.2004, passed by Member, Motor Accidents Claims Tribunal, Narsinghgarh in Claim Case No. 79 of 2003. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,34,500 with interest to the claimants for the death of one Samunder Singh, 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 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 and if so to what extent?

(2.) Heard Mr. Himanshu Joshi, learned counsel for appellants and Mr. R.N. Dave, learned counsel for respondent No. 2.

(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? 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 the 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.