LAWS(MPH)-2017-3-46

JAGDISH Vs. RAJENDRA AND OTHERS

Decided On March 28, 2017
JAGDISH Appellant
V/S
Rajendra And Others Respondents

JUDGEMENT

(1.) This appeal is filed by the appellant under Sec. 173(1) of the Motor Vehicles Act against an award dated 27/03/2014, passed by learned 16th MACT, Indore, District - Indore in Claim Case No.532/2013 whereby by the impugned award, the Claims Tribunal has awarded a total sum of Rs. 12,83,625.00 with interest to the appellant by way of compensation for the injuries sustained in the accident occurred on 26/05/2011 at about 1.30 a.m. (night).

(2.) Appellant had filed a claim petition under Sec. 166 of the Motor Vehicles Act, seeking compensation. According to the appellant compensation awarded by the Tribunal is meager and deserves enhancement; however, by filing the appeal inadequacy of the compensation has been assailed.

(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 to pay compensation etc., because the Tribunal has already recorded the findings in favour of the appellant, none of those findings have challenged at the instance of the respondents, i.e., owner/driver/Insurance Company by filing cross objection or cross appeal. In that view of the matter it is not necessary to burden the judgment by detailing the facts on all these issues.