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 :
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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.