SARA BAI Vs. SATISH

JUDGEMENT

(1.) This is an appeal filed by the claimant who is legal representative of the deceased under section 173 of the Motor Vehicles Act, 1988 against an award dated 19.2.2002, passed by learned Second Additional Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 327 of 1998. By impugned award, the Tribunal has awarded a total sum of Rs. 80,000 with interest to the claimant for the death of one Fakruddin, who died in vehicular accident. According to claimant, 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 claimant has 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 appellant and Mr. S.V. Dandwate, learned counsel for insurance company, 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, who is liable for paying compensation, etc. It is for the reason that, firstly, all these findings are recorded in favour of the claimant by the Tribunal. Secondly, none of these findings though recorded in claimant's 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, I do not wish to burden my judgment by detailing facts on all these issues.