LAKKHU BAI AND OTHERS Vs. SUNIL AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the claimant under Sec. 173 of the Motor Vehicles Act against an award dated 12th Dec., 2005 passed by M.A.C.T., Jhabua in Claim Case No.. 385/2004. By the impugned award, the Claims Tribunal has awarded a sum of Rs. 1,71,000/ - to the claimants for the death of one Thavaria who died in vehicle accident. According to the claimant i.e. appellants herein, the compensation awarded is on lower side and hence, need to be enhanced. 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 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 learned 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, it is not necessary to burden the judgment by detailing facts on all these issues. As observed supra, it is a death case.

(3.) Learned Counsel for appellants submits that deceased was aged 45 years at the time of accident. Learned Tribunal after holding the income @ Rs. 1,500.00 per month, awarded a sum of Rs. 1,71,000.00, break-up of which is as under : <FRM>JUDGEMENT_59_LAWS(MPH)6_2007.htm</FRM>