SUMANBAI Vs. DINESH

JUDGEMENT

(1.) This is an appeal filed by the claimants under section 173 of Motor Vehicles Act against an award dated 4.9.2004, passed by First Addl. Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 271 of 2003. By impugned award, the Claims Tribunal awarded a total sum of Rs. 3,43,000 with interest to the claimants for the death of one Arjun Singh, who died in vehicular accident. According to the 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. Manish Jain, the learned counsel for the appellants and Mr. Rajesh Salvi, the learned counsel for respondent No. 3.

(3.) It is not necessary to narrate the entire facts in detail such as how the said 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.