OAMODAR Vs. RAJENDRA SINGH

JUDGEMENT

(1.) THE decision rendered in this appeal shall also govern disposal of other appeals being M.A. 628/2002, M.A. 722/2002 and M.A. 766/2002 because all these appeals which are filed by the claimants arise out of one common award dated 21.11.2001 and secondly they also arise out of same accident.

(2.) THIS is an appeal (M.A. 642/2002) filed by the claimant against an award dated 21.11.2001 passed in Claim Case No. 68/99 by III MACT, Indore. By impugned award, the Tribunal awarded a sum of Rs. 1,64,500/ - to the claimants for the death of one Anil, who died at the age of 18 in a motor accident. According to the claimants, the award of Rs. 1,64,500/ - is on lower side and hence it needs to be enhanced. It is for this purpose, the claimants have filed this appeal for enhancement. So the question involved in this appeal is whether any case for enhancement is made out and if so, to what extent ?

(3.) IT may be stated that all other findings such as manner in which the accident occurred, the issue regarding liability on the insured/insurer, the issue regarding negligent manner of driving of vehicle in question are decided in claimant's favour and hence the same are no~ under challenge in this appeal. In other words, these findings are not assailed even by the respondents either by filing cross -objection or cross appeal and hence the same need not be again gone into it in this appeal. It is for this reason, we do not wish to increase the length of this order by narrating all those facts and finding.