VINOD Vs. SHEKH ASIF AND ORS

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of Motor Vehicles Act against an award dated 31st March, 2004 passed by XIX Motor Accident Claims Tribunal, Indore, in Claim Case No. 70/03. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 53,000 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant i.e. appellant herein, the compensation awarded on a lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and if so to what extent

(2.) It is not necessary to narrate the entire facts in details, such as how the accident occurred, who was negligent in driving the offending vehicles, 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 claimant s 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, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) Learned Counsel for the appellant submits that appellant was aged 24 years and was salesman at the time of accident, which took place on 12th May, 2003. Appellant sustained crush injuries of ankle at the joint of right heel. Appellant was hospitalized from 12th May, 2003 to 9th June, 2003 at Verma Union Hospital, Indore, where appellant was operated and rod was inserted. Permanent disability was assessed @ 18%. It is submitted that learned Tribunal has awarded a sum of Rs. 53,000, break up of which is as under :