SHAYARBAI Vs. SALIM

JUDGEMENT

(1.) BY this appeal under section 173 of the Motor Vehicles Act, 1988 the appellants have challenged award passed by the First Additional Motor Accident Claims Tribunal, Indore in Claim Case No. 16/2007 awarding only a sum of Rs. 70,000/ - together with interest at the rate of 7.5% from date of award till realization for the death of Badrilal to the claimant - appellants.

(2.) BRIEF facts as alleged are that on 23.9.2006 at around 7:15 p.m. on Atavada road, Rangwasa, Thana Betma, District Indore, one Badrilal was walking along the road when motorcycle bearing registration No. MP 11B 6846 being driven by non -applicant No. 2 rashly and negligently dashed against Badrilal as a result of which Badrilal received grievous injuries and while taking him to hospital he succumbed to his injuries. A case was lodged before police station Betma, Indore and the offence was registered and the challan was put up before competent Court; stating that deceased Badrilal was 70 years of age and an agriculturist, who earned about Rs. 6,000/ - per month and his wife and children were dependent on him for their livelihood; being legal representatives of the deceased - Badrilal, filed claim for Rs. 25,00,000/ - before the Tribunal.

(3.) THE finding in relation to the nature of the accident, how it occurred, who was responsible for causing the injury, liability, etc. are decided in favour of claimant by the Tribunal and in absence of any challenge to these findings by the respondents, by not filing any cross -appeal or cross - objection, these findings have become final and hence, they need not be gone into.