SHRIRAM Vs. PRADEEP KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by the claimants, who are legal representatives of the deceased under section 173 of the Motor Vehicles Act, 1988, against an award dated 1. 2. 2006, passed by learned tenth Additional Member, Motor accidents Claims Tribunal, Indore in Claim case No. 41 of 2004. By impugned award, the Tribunal has awarded a total sum of rs. 1,97,500 with interest to the claimants for the death of one Kiran, who died in a vehicular accident. According to claimants, the compensation awarded is on a lower side and hence, it needs to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the claimants have come up in appeal. So the question that arises for consideration is, whether any case for enhancement in the compensation awarded by the Tribunal on facts/evidence is made out in the compensation awarded and if so, to what extent?

(2.) HEARD Mr. Sameer Verma, learned counsel for the appellant and Mr. Milind phadke, learned counsel for respondent insurance company.

(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 for paying compensation, etc. It is for the reason that all these findings are recorded in favour of the claimant by the Tribunal. Secondly, none of these findings though recorded in claimants' favour are under challenge at the instance of any of the respondents such as owner/driver or the insurance company either by way of cross-appeal or cross-objection. In this view of the matter, we do not wish to burden our judgment by detailing facts on all these issues.