KAJAL Vs. BALRAM
LAWS(MPH)-2013-7-191
HIGH COURT OF MADHYA PRADESH (FROM: INDORE)
Decided on July 31,2013

Kajal Appellant
VERSUS
BALRAM Respondents

JUDGEMENT

N.K.MODY, J. - (1.)THIS is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 20.1.2011 passed by Additional Motor Accidents Claims Tribunal, Sardarpur, Dist. Dhar in Claim Case No. 35 of 2010. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 2,41,462 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 needs 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 vehicle, 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 Claims 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.
Learned counsel for the appellant submits that appellant was aged 5 years at the time of accident, which took place on

(3.)11.2008, sustained injuries in her left hand and ultimately left hand was amputated from shoulder. It is submitted that learned Tribunal after assessing income on notional basis assessed the permanent disability at 85 per cent. It is submitted that appellant was hospitalised for ten days. It is submitted that on all the heads amount awarded is on lower side. It is submitted that learned Tribunal has awarded a sum of Rs. 2,41,462. break -up of which is as under : JUDGEMENT_2522_ACJ_2013.jpg 4. Learned counsel for the appellant submits that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal is on lower side which deserves to be enhanced. It is submitted that appeal be allowed and amount be enhanced.


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