BITOLI DEVI Vs. RAJENDRA SINGH AND ANOTHER

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act, 1988 against an award dated 1.10.2005 passed by Seventh Motor Accident Claims Tribunal (Fast Track), Gohad, District Bhind (for brevity, the 'Tribunal') in Claim Case No.18/2005. By the impugned award, the Claims Tribunal has awarded a total sum of Rs.22,000/- with interest to the claimant by way of compensation for the injuries which is sustained in an accident.

(2.) The claimant has filed this appeal for the enhancement in the compensation awarded by the Tribunal. 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 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 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.