SAPNA Vs. MANORAMA

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 15. 7. 2005, passed by learned first Additional Member, Motor Accidents claims Tribunal, Indore in Claim Case no. 16 of 2004. By impugned award, the claims Tribunal has awarded a total sum of rs. 1,78,600 with interest to the claimant by way of compensation for the injury which she sustained in an accident. According to claimant, i. e. , appellant herein, the compensation awarded is 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 this appeal filed by claimant-appellant and if so, to what extent?

(2.) HEARD Mr. S. Patwa, learned counsel for the appellant and Mr. A. W. Khan, the learned counsel for respondent 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 or claimant or who is liable to pay compensation, etc. and whether offending vehicle is insured or not? It is for the reason that, firstly, all these findings are recorded in favour of claimant by the Tribunal and secondly, none of these findings though recorded in claimant's favour and against the respondents 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 order by detailing facts on all these issues which are not really necessary.