BABULAL Vs. MAHESH

JUDGEMENT

(1.) MR. K. K. Koushal, counsel for the respondent No. 2. Heard on counsel for the appellant. Mr. Manoj Jain, merits.

(2.) THIS is an appeal filed by claimants under section 173 of Motor Vehicles Act, 1988, by the claimants against an award dated 28. 2. 2007 passed by Seventeenth motor Accidents Claims Tribunal, Indore in the Claim Case No. 72 of 2006. By the impugned award, the Claims Tribunal has awarded a sum of Rs. 60,000 to the claimants for the death of one Shaitanbai, who died in vehicular accident. According to the claimants, i. e. , appellants 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 the compensation awarded and if so to what extent?

(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, who is liable for paying compensation, etc. It is for the reason that firstly all these findings are recorded in favour of claimants by 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.