LEELABAI Vs. SANGHI BROTHERS INDORE PVT.LTD

JUDGEMENT

(1.) THIS is an appeal filed by claimants under Section 30 of Workmen 'sCompensation Act against an award dated 30th March, 2007 passed by the Commissioner, Workmen Compensation in case No. 58/06 W.C. (Fatal). By impugned award, the Commissioner, Workmen Compensation partly allowed the claim petition of claimants and awarded a total sum of Rs 1,57,496/ - to the claimants for the death of one Rati Ram. According to claimants (appellants herein) what is awarded by the Commissioner is on lower side and hence, it is liable to be enhanced. So the short question that arises for consideration in this appeal is whether any case is made out for enhancement in the compensation awarded by the Commissioner, Workmen Compensation.

(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 which caused the accident or who is liable to pay compensation etc. and whether offending vehicle is insured or not? It is for the reason that firstly, all these findings are recorded in favour of claimants by the Tribunal and secondly, none of these findings though recorded in claimants ' favour and against the respondents 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, we do not wish to burden our order by detailing facts on all these issues which are not really necessary.

(3.) HEARD Shri Sanjay Patwa, learned Counsel for the appellants and Shri G.S. Patwardhan, learned Counsel for the respondent No. 1 and Ms. Madhu Bhatia, learned Counsel for the respondent No. 2.