RAKESH Vs. RAMKUMAR AND ANOTHER

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award dated 23rd October, 2008, passed by XV Motor Accident Claims Tribunal, Indore in Claim Case No. 586/2007. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 4,61,000/- with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to claimant i.e. appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this 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 ve- hicle, 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 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 there is no justification 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 appellant was aged 22 years and cleaner by profession at the time of accident, which took place on 14th August, 2007. It is submitted that due to accidental injuries appellant lost vision of both eyes. It is submitted that learned Tribunal has awarded a sum of Rs. 4,61,000/-, breakup of which is as under :