RAJ KUMAR Vs. JUGAL KISHORE

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award dated 11th November, 202 passed by learned IV Member, Motor Accident claims Tribunal, Indore in claim case no. 122/1999, By impugned award, the Claims tribunal has awarded a total sum of rs. 5,000/- with interest to the claimants. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the claimants have come up in 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 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.

(3.) AS observed supra it is a injury case. Parties adduced evidence. The Tribunal while partly allowing the claim petition, awarded a sum of Rs. 5,000/ -. It was held that looking to the nature of injuries and extent of disability and expenses incurred the awarded sum is reasonable. It is this determination which is impugned in this appeal by the claimant contending that it is on lower side and hence it be enhanced.