GHASIRAM Vs. BABULAL

JUDGEMENT

(1.) THIS is an appeal filed by the claimants under section 173 of Motor Vehicle Act (for short called 'the Act') against an award dated 3.3.2005 passed by Additional MACT, Sonkatch in Claim Case No. 57/03. By impugned award, the Tribunal has awarded total sum of Rs. 4,02,000/ - for the death of one Santosh. 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 the 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.) TH to parents and 3/4th to widow/children. According to parehts i.e. claimants, it should be 1/2 and 1/2. 4. Heard Shyam Patidar, learned counsel for the appellant and Shri Chouhan, learned counsel for the respondents No. 4, 5 and none for respondents No. 1 and 2.