RAHUL Vs. SHANTILAL & ORS.

JUDGEMENT

(1.) This is an appeal filed by the appellant under Sec. 173 of the Motor Vehicles Act against an award dated 30.7.2007 passed by learned X Member, Motor Accident Claims Tribunal, Indore in claim case No. 204/2005. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,55,000 with interest to the appellant. According to appellant, the compensation awarded is on lower side and hence, need to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the appellant has come up in appeal. 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 the 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 Appellant by the Tribunal. Secondly, none of these findings though recorded in appellant'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 was aged 38 years and was in service as Booking Agent in Vayudoot Roadlines at the time of accident which took place on 12.8.2005. It is submitted that appellant sustained head injuries and was hospitalized at Bombay Hospital, Indore from 12.8.2005 to 1.9.2005, appellant was unconscious for 3 days with a history of bleeding from right ear and also vomiting. It is submitted appellant also sustained injuries in his eye, appellant was examined Dr. B.L. Gupta, Neurologist Surgeon who has treated the appellant and also examined Dr. H.G. Kalia. It is submitted that the certificates issued by Doctors are Ex. P/231 to Ex. P/235, record of hospital is Exs. P/236 and P/237 while medical bills are Exs. P/10 to P/230, appellant spent a sum of Rs. 1,26,835. It is also submitted that looking into the injuries sustained by appellant the amount awarded is on lower side. It is submitted that learned Tribunal awarded a sum of Rs. 1,55,000, break-up of which is as under: <FRM>JUDGEMENT_122_LAWS(MPH)4_2008.html</FRM>