LAWS(MPH)-2006-12-40

SHIV DULARI DEVI Vs. ARJUN KEWAT

Decided On December 02, 2006
Shiv Dulari Devi Appellant
V/S
Arjun Kewat Respondents

JUDGEMENT

(1.) THIS is an appeal filed under section 173 of the Motor Vehicles Act, 1988 by the claimants against the award dated 30.8.2005 passed by the Additional Motor Accident Claims Tribunal, Umaria (for short 'the Tribunal') in claim case No.20/04. By impugned award the Claims Tribunal has awarded a total sum of Rs. 1,32,000/ - with 6 -1/2% interest per annum to the claimants by way of compensation for death of Shiv Chander Mahto.

(2.) ACCORDING to appellants, the compensation awarded is on the lower side and hence needs to be enhanced. Appellants have filed this appeal for enhancement of the award passed by the Tribunal. No other question is challenged, therefore, we have to decide only this thing whether there is any case for enhancement in compensation awarded by the Tribunal, if so to what extent.

(3.) WE have gone through the record. This appeal has been filed for enhancement in the compensation, other terms as who was driving negligently the offending vehicle or who is liable for paying the compensation, these findings are recorded in favour of appellant by the Tribunal and none of these findings are under challenge either by cross appeal or by cross objection. Therefore, we do not wish to burden our judgment by dealing with these unnecessary issues.