BHUPESH TAILOR Vs. MOHD IQBAL

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under Section 173 of Motor Vehicles Act against an award dated 6th April, 2004 passed by 1st Member, M. A. C. T. , Indore in claim case No. 301/2003. By impugned award, the tribunal has awarded total sum of Rs. 84. 000/-for the death of one Ramesh. This appeal is filed by claimant for enhancement as according to claimants, the compensation awarded to claimants by the Tribunal is on lower side and it should be enhanced in this appeal. So the question that arises for consideration in this appeal is whether any case is made out for enhancement in the compensation awarded by the Tribunal and if so, to what extent and under what head (s)?

(2.) HEARD Shri H. Thakkar, Advocate for appellant Shri H. G. Shukla, Advocate for respondent No. 3 and Shri V. Baxi, Advocate for respondent No. 5.

(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 claimants 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. 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.