MUKESH Vs. AJAY KUMAR AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the claimant under Sec. 173 of the Motor Vehicles Act against an award dated 12th Sept., 2003, passed by learned IInd M.A.C.T., Indore, in Claim Case No. 375/ 2000. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 32,000.00 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 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 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 Tribunal. Secondly, none, of these findings though recorded in claimant's 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, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) Learned Counsel for the appellant submits that appellant was aged 38 years at the time of accident. Appellant was businessman and manufacturing rechargeable torch. Appellant sustained fractured of radius bone in left hand and blunt injuries in his leg and also sustained injuries on his face. Appellant was hospitalized for a period of 11 days. The permanent disability was assessed @ 15% by the Doctor. It is submitted that learned Tribunal has awarded a total sum of Rs. 32,000.00 break-up of which is as under:- <FRM>JUDGEMENT_122_LAWS(MPH)4_2007.htm</FRM>