SHIVRAM Vs. BHARTI BEN

JUDGEMENT

(1.) THE appellant, who is the owner and driver of the offending vehicle i.e., a motor cycle, is aggrieved by the quantum of award Rs. 64,909/ - awarded to the respondent for permanent disability sustained by her in the accident which took place on 14.2.94 with the appellant's motor cycle.

(2.) THE dispute is only regarding amount of compensation. It is pertinent to note that besides filing documentary evidence the respondent -claimant has testified on oath that she has spent Rs. 60,000/ - in her treatment. This statement of her remains unchallenged in cross -examination by the appellant, who has not put even a single question to the claimant disputing her claim, No evidence has been adduced in rebuttal on this point. Under the circumstances the assessment made by the Tribunal below appears to be just and proper, calling for no interference in appeal. In this context, the cross -objection filed by respondent for enhancement of compensation also deserves to be dismissed. In the result, this appeal as also the cross -objection filed by the respondent are dismissed, but without any order as to costs.