KAOSHALIYA & ORS Vs. SUBHASH & ORS

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 19.3.2004, passed by learned Additional Member, Motor Accident Claims Tribunal, Dhar in Claim Case No. 62 of 2004. By impugned award, the Tribunal has awarded a total sum of Rs. 2,73,000 with interest to the claimants for the death of one Jagdish, who died in vehicle 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 in the compensation awarded and if so, to what extent?

(2.) Heard Mr. Manish Jain, learned Counsel for the appellants and Mr. S.V. Dandwate, learned Counsel for respondent No. 3 - 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 claimant 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.