LAWS(MPH)-2008-8-20

ARUN Vs. ABDUL RASHID

Decided On August 05, 2008
ARUN Appellant
V/S
ABDUL RASHID Respondents

JUDGEMENT

(1.) THIS appeal is filed by the appellant under section 173 of the Motor Vehicles Act against an award dated 10. 8. 2005 passed by learned Third m. A. C. T. , Ujjain in Claim Case No. 16 of 2005. By the impugned award, the Tribunal has awarded a total sum of Rs. 1,66,865 with interest to the appellant by way of compensation for the injuries sustained in the accident occurred on 22. 10. 2004.

(2.) APPELLANT had preferred a claim petition under section 166 of Motor Vehicles act, seeking compensation to the tune of rs. 8,00,000. 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, that is, 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.