Judgment ( 1. ) THIS is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award dated 11th November, 202 passed by learned IV Member, Motor Accident claims Tribunal, Indore in claim case no. 122/1999, By impugned award, the Claims tribunal has awarded a total sum of rs. 5,000/- with interest to the claimants. According to claimants, the compensation awarded is on lower side and hence, need 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 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 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, it is not necessary to burden the judgment by detailing facts on all these issues. ( 3. ) AS observed supra it is a injury case. Parties adduced evidence. The Tribunal while partly allowing the claim petition, awarded a sum of Rs. 5,000/ -. It was held that looking to the nature of injuries and extent of disability and expenses incurred the awarded sum is reasonable. It is this determination which is impugned in this appeal by the claimant contending that it is on lower side and hence it be enhanced. ( 4. ) LEARNED Counsel for the appellant submits that the appellant was aged 23 years at the time of accident. It is submitted that appellant sustained fracture in his elbow of left hand and also metatarsal bone of right leg. It is submitted that looking to the injuries sustained by appellant the amount of Rs. 5,000/- awarded by learned tribunal is on lower side. ( 5. ) LEARNED Counsel for the respondent no.
It is submitted that appellant sustained fracture in his elbow of left hand and also metatarsal bone of right leg. It is submitted that looking to the injuries sustained by appellant the amount of Rs. 5,000/- awarded by learned tribunal is on lower side. ( 5. ) LEARNED Counsel for the respondent no. 3 submits that the amount awarded by the learned Tribunal to the appellant is just and proper. It is submitted that fracture was united and the injuries sustained by the appellant were simple in nature. ( 6. ) AFTER taking into consideration all the evidence on record, this Court is of the opinion that the amount awarded is on lower side. In view of this, the amount is enhanced by rs. 5,000/- to Rs. 25,000/- Since respondent no. 3 has already been paid a sum of rs. 25,000/- to appellant on account of no fault liability, therefore, the same shall be adjusted in that amount and no further amount is necessary to pay by respondent No. 3 to appellant. ( 7. ) IN this view of the matter, the appeal succeeds and is allowed in part. Impugned award is modified to the extent indicated above. No order as to costs.