JUDGEMENT
A.M.Sapre, J. -
(1.) This is an appeal filed by the
claimants, who are legal representatives
of the deceased under section 173 of the
Motor Vehicles Act against an award dated
24.12.2004 passed by learned Additional
Member, Motor Accidents Claims Tribunal, Dhar in Claim Case No. 11 of 2003.
By impugned award the Tribunal awarded
a total sum of Rs. 2,55,500 with interest
to the claimants for death of one Bharat
Singh, who died in the vehicular accident.
According to claimants, the compensation
awarded is on a lower side and hence, it
needs to be enhanced. It is for claiming
enhancement in the compensation awarded
by the Tribunal, the claimants have come
up in appeal. So the question that arises
for consideration is, whether any case for
enhancement in compensation awarded by
the Tribunal on facts/evidence is made out
in the compensation awarded and if so to
what extent?
(2.) Heard Mr. Manish Jain, learned
counsel for the appellants and Mr. H.G.
Shukla, learned counsel for the insurance
company, respondent No. 3.
(3.) 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 the claimant by the Tribunal.
Secondly, none of these findings though
recorded in claimants' 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,
we do not wish to burden our judgment by
detailing facts on all these issues.;
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