RAMESH Vs. SAHID

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under section 173 of the motor Vehicles Act against an award dated 13. 12. 2006 passed by Second Additional m. A. C. T. (Fast Track), Jhabua in Claim case No. 121 of 2006. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,22,353 with interest to the claimant for the injuries sustained by appellant. According to claimant, the compensation awarded is on lower side and hence need to be enhanced. It is for the enhancement in the compensation awarded by the Claims 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 the claimants 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.) THE learned counsel for the appellant submits that appellant was aged 30 years and was labourer by profession at the time of accident. Appellant sustained fracture of femur bone in right leg. Appellant was hospitalised at District Hospital, Jhabua, where the appellant was hospitalised from 19. 7. 2003 to 13. 8. 2003. Thereafter, the appellant was shifted to Milan Orthopaedic hospital, there he was admitted thrice. Thereafter, the appellant was referred to ahmedabad, where he was admitted from 14. 8. 2003 to 22. 8. 2003. The appellant was operated, nailing also took place. Thereafter again the appellant was hospitalised at Ahmedabad in the same hospital from 27. 8. 2003 to 9. 9. 2003 and operation took place on 28. 8. 2003. Again appellant was hospitalised from 20. 2. 2004 to 24. 2. 2004 at Ahmedabad, where plates were removed. It is submitted that learned Tribunal has awarded a sum of Rs. 2,22,353, break-up of which is as under: <FRM>JUDGEMENT_1678_ACJ_2008Html1.htm</FRM>