MANGIBAI Vs. SHER MOHAMMED & ORS

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act by the claimant against an award dated 21st February, 2006 passed by AMACT, Jobat in claim case No. 63/05. By the impugned award, the Claims Tribunal has awarded a sum of Rs. 44,000 to the claimant by way of compensation for the injury which appellant sustained in an accident. According to the claimant i.e. appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. 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 compensation awarded and if so to what extent

(2.) 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 claimant by the learned 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, it is not necessary to burden the judgment by detailing facts on all these issues.

(3.) As observed supra, it is a injury case. Learned Counsel submits that appellant who is a lady and was aged 55 years at the time of accident, sustained fracture of mallaneous bone of right leg. Appellant was operated. Wire was inserted and screw was fitted. Appellant was hospitalised from 9th February, 2005 to 5th March, 2005. Break-up of the awarded amount is as under: <FRM>JUDGEMENT_64_LAWS(MPH)6_2007.htm</FRM>