SHANKAR SINGH Vs. PUSHPENDRA & ORS

JUDGEMENT

(1.) This appeal is filed by the appellant under Section 173 of the Motor Vehicles Act against an Award dated 25.11.2004 passed by learned Additional MACT, Jhabua in Claim Case No. 155/99 by the impugned Award, the Claims Tribunal has awarded a total sum of Rs. 70,000 with interest to the appellant by way of compensation for the injuries sustained in the accident occurred on 19.3.1999. The Tribunal has also recorded the finding of the contributory negligence of the appellant as well as the respondent to the extent of 50% - 50%.

(2.) Appellant had preferred a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 2,80,000 According to the appellant compensation awarded by the Tribunal is meagre and deserves enhancement. Therefore, 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. As per the findings recorded by the Claims Tribunal the negligence of appellant and the offending vehicle was found and both were held responsible to the accident to the extent of 50x50% and accordingly the payment of compensation is to be made. Although, such findings have been assailed on the insistence of the appellant in this appeal, but looking to the nature of incident i.e head-on collision by both the vehicles, those findings are not liable to be interfered with in view of the appreciation of evidence duly made by the Tribunal. Thus it is not necessary to burden the judgment in detailing the facts on the issue of contributory negligence.