KAVAWATIBAI Vs. MOHANLAL

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 16. 12. 2000 passed by the learned Motor Accidents Claims Tribunal, district Dhar in Claim Case No. 48 of 1999. By impugned award, the Tribunal has awarded a total sum of Rs. 5,62,000 with interest to the claimant for the death of one Rameshchandra, who died in vehicular accident. According to claimants, the compensation awarded is on lower side and hence, need 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 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 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 Claims 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 death case. On 12. 3. 1999 Rameshchandra met with an motor accident and died. Parties adduced evidence. Claims Tribunal while partly allowing the claim petition filed by the claimants as stated supra, awarded a sum of Rs. 5,62,000. It is this determination which is impugned in this appeal by the claimants contending that it is on lower side and hence it be enhanced.