BADAM BAI Vs. PRABHU DAYAL

JUDGEMENT

(1.) Claimant is in appeal under Section 173 of the Motor Vehicles act, against an award, dated 4.1.1996, passed by learned Additional Member, Motor Accident Claims Tribunal, Udaipur in Claim Case No. 38 of 1993. By impugned award, the learned Member of claims Tribunal has awarded a total compensation of Rs. 75,000/ - together with interest at the rate of 12% per annum from the date of claim petition till realization for the injuries sustained by the claimant. According to claimant, the compensation awarded by the Tribunal is on lower side and hence, need to be enhanced so as to make it reasonable, adequate, proper and in conformity with the provisions of Motor Vehicles act. It is essentially for this reason, the claimant has filed this appeal claiming enhancement in the compensation. So the short question that arises for consideration in this appeal is, whether any case for enhancement in the compensation awarded by the Tribunal is made out and if so, to what extent?

(2.) In view of short controversy involved in the appeal, it is really not necessary to take note of the facts in detail except those which are necessary. It is also for the reason that findings in relation to nature of accident, how it occurred, who was responsible for causing injury, liability, etc. are decided in favour of claimant by the Tribunal. In the absence of any challenge to these findings by the respondents, by not filing any cross appeal or cross objection, these findings have become final.

(3.) This is a case of injury suffered by claimant - Badami Bai, aged 45 years, a lady while travelling in car MH1/5457 was dashed by truck coming from opposite direction being RJ-14/G 1633, that occurred on 3.11.1992 when she was coming towards Udaipur from Bombay. It was owned by respondent No. 1, driven by respondent No. 2 and insured with respondent No. 3. According to claimant, she was hospitalized for undergoing operations and she actually underwent operations in hospital. The Claims Tribunal on appreciating the entire evidence adduced by the claimant awarded a total compensation of Rs. 75,000/ - towards the injuries sustained by him, expenses incurred, disability occurred and lastly pain and suffering. It is this determination, which is impugned by the claimant, being on lower side hence, this appeal for enhancement.