USHA MISHRA Vs. MAHAVIR

JUDGEMENT

(1.) ASSAILING the award dated 05.09.2008, passed by the 12th Additional Motor Accident Claims Tribunal (Fast Track Court), Gwalior, in Claim Case No.97/2008 (old 29/2007), on the point of inadequacy of the compensation, the appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988.

(2.) THE appellants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.26,76,952/ - on account of death of deceased Vireshwar Mishra in an accident took place on 11.06.2006. It was pleaded by the claimants that the sole bread earner of the family has died in the accident having his earning from working as Veterinary Doctor in Veterinary Hospital, Shivpuri, however the compensation as prayed in the claim petition may be awarded.

(3.) AS the incident occurred, negligence of driver of driving the offending vehicle, the issue of liability jointly and severally to pay compensation have been decided recording the findings in favour of the appellants by the Tribunal and none of those findings have been assailed at the instance of the respondents i.e. owner, driver or insurance company by filing the cross -appeal or the cross -objection, however it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paragraphs.