MUNSHI KHAN Vs. JAISINGH SHIVA

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 31/03/2005, passed by IInd Additional MACT Khargone, in claim case No.77/2004. By impugned award, the Claims Tribunal has awarded a total sum of Rs.4,17,500/- with interest to the claimants for the death of one Mubarik, who died in vehicle accident. According to claimants, the compensation awarded is on 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 claimants by the 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, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) As observed supra, it is a death case. On 16/04/2004, Mubarik, aged 23 years, doing business of cutlery in Haat Bazar, met with a motor accident and died, giving rise to filing of claim petition by his legal representatives (appellants herein) out of which this appeal arises seeking compensation for his death. The case was contested by the respondents. Parties adduced evidence. The Claims Tribunal by impugned award partly allowed the claim petition filed by claimants and as stated supra, awarded a sum of Rs.4,17,500/-, breakup of which is as under :