SAMITA Vs. SUNANDA

JUDGEMENT

(1.) Sri. Sanjay M. Joshi is directed to take notice for respondent No. 2 and directed to file Vakalat in the course of the day.

(2.) The appeal coming on for admission is considered for final disposal. It is apparent from the judgment and award of the Tribunal which is challenged in this appeal that there is no consideration of the facts of the case in awarding compensation and the appeal is preferred by one of the claimants who is a beneficiary of the common judgment and the claim petition is numbered as MVC 2153/2009 before the Tribunal.

(3.) The case of the appellant is that on 09.07.2009 her husband and son were travelling in a jeep bearing registration No. MH-24/A-2299 from Ajmera to Ausa. At about 9.15 p.m. when they were near a bridge, a truck bearing registration No. KA-28/A-7799 coming from the opposite direction had dashed against the jeep. The appellant is said to have sustained injuries. Her husband and son who were severely injured are said to died at the hospital where they were admitted for treatment. In this background the appellant had claimed compensation before the Motor Accident Claims Tribunal. The Tribunal on consideration of the case of the appellant has awarded compensation on the basis that the appellant having suffered injuries on her right arm and grievous injuries to her head, face and all over the body and on the basis that she was employed as a tailor and earning more than Rs. 10,000/- per month and has awarded Rs. 30,000/- towards pain and suffering and Rs. 20,000/- towards medical expenses including nourishment and an attendant's expenses apart from conveyance charges and has restricted the amount to Rs. 50,000/- in all. On the face of it, the award of compensation is apparently inadequate and does not satisfy the interest of justice.