KAMAL CHAND Vs. SHANKER LAL AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the claimant under Sec. 173 of the Motor Vehicles Act against an award dated 23rd June, 2006, passed by learned 19th Additional Member, Motor Accident Claims Tribunal, district-Indore in Claim Case No. 276 of 2005. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 42,775.00 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 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 the claimant/appellant and if so, to what extent

(2.) Heard Shri K.K. Kaushal, learned Counsel for the appellant Shri A. Gupta, learned Counsel for respondent Nos. 1 and 2 and Smt. Priti Saxena, learned Counsel for respondent No. 3-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 claimants' 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.