USMAN Vs. AFROJ KHAN & ORS

JUDGEMENT

(1.) This appeal is filed by the appellant under Section 173 of the Motor Vehicles Act, against an award dated 8.4.2004 passed by learned First Additional Member, MACT, Ujjain in Claim Case No. 88/03. By the impuged award, the Claims Tribunal has awarded a total sum of Rs. 75,000 with interest to the appellant by way of compensation for the injuries sustained in the accident occurred on 5.4.2003.

(2.) Appellant had preferred a claim petition under Sections 166 and 140 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 3,35,000. According to the appellant compensation awarded by the Tribunal is meagre 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 been 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.