KARAN SINGH Vs. ANSHUMAN

JUDGEMENT

(1.) This is an appeal filed by the appellant under section 173 of the Motor Vehicles Act which is arising out of award dated 7.3.2007 passed by M. A. C.T., Shajapur in Claim Case No. 114 of 2006. By the impugned award, the Claims Tribunal has awarded a sum of Rs.2,25,000 to the claimant by way of compensation for the injury which appellant sustained in an accident. According to the claimant, i.e., appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in compensation awarded and, if so, to what extent?

(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, who is liable for paying compensation, etc. It is for the reason that firstly all these findings are recorded in favour of claimant by the learned Tribunal. Secondly, none of these findings though recorded in claimant's favour 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, it is not necessary to burden the judgment by detailing facts on all these issues.

(3.) As observed supra, it is a injury case. Learned counsel for the appellant submits that the appellant who was aged 30 years on the date of accident and cleaner, sustained fracture of tibia and fibula bone of right leg. The appellant was hospitalised from 12.12.2005 to 23.1.2006. Appellant was operated twice. Medical evidence was adduced according to which there was 80 per cent permanent disability which was believed by learned Tribunal. The observation about the exact position of leg has been made by the learned Tribunal in the award. It is submitted that learned Tribunal awarded a sum of Rs.2,25,000 break-up of which is as under: <FRM>JUDGEMENT_736_ACJ_2010Html1.htm</FRM>