SHIVRAM Vs. MOHD SHARIF

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under section 173 of the Motor Vehicles Act against an award dated 3.3.2007, passed by Vlth MACT, Indore, in Claim Case No. 129/2005. By impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,41,000/-, with interest to the claimants for the injuries sustained by appellant. According to claimant, the compensation awarded is on lower side and hence, need 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 claimants 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, there is no justification to burden the judgment by detailing facts on all these issues.

(3.) FURTHER reliance was placed on a decision of Andhra Pradesh High Court in the matter of Rehana v. G. Sai Kumar reported in [2003 ACJ 32] wherein neither truck driver was examined, nor any evidence was adduced to prove that there was contributory negligence on the part of the deceased by the Insurance Company.