VIKRAM PRATAP SINGH Vs. RAMPAL SINGH

JUDGEMENT

(1.) This is an appeal filed by Eleventh M.A.C.T., Indore in Claim by the claimants under section 173 of the Case No. 42 of 2003. By impugned award, Motor Vehicles Act (for short 'the Act') the Claims Tribunal has awarded total sum against an award dated 28.7.2005 passed of Rs. 12,15,400 towards the death of one Pushpendra Singh. This appeal is filed by claimants for enhancement as according to claimants, the compensation awarded to claimants by the Tribunal is on lower side hence it should be enhanced in this appeal. So the question that arises for consideration in this appeal is whether any case is made out for enhancement in the compensation awarded by the Tribunal and, if so, to what extent and under what head(s)?

(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 which caused the accident or who is liable to pay compensation, etc. and whether offending vehicle is insured or not? It is for the reason that firstly, all these findings are recorded in favour of claimants by the Tribunal and secondly, none of these findings though recorded in claimants' favour and against respondents 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, we do not wish to burden our order by detailing facts on all these issues which are not really necessary.

(3.) Heard Mr. B.L. Pavecha, the learned senior counsel with Mr. M.S. Jain, counsel for appellants and Mr. Sudha Shrivastava, learned counsel for respondent No. 2.