ARTI Vs. SAHEB SINGH

JUDGEMENT

(1.) Present is an appeal by the claimant under Section 173 of the Motor Vehicles Act assailing the award dated 29/04/2011 passed by the learned 3rd Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar in Motor Accident Claim Case No.105/2009.

(2.) Vide the said impugned award, the Tribunal in an injury case has awarded a compensation of Rs.1,34,000/- with interest @ 6% per annum from the date of application.

(3.) The counsel for the appellant submits that, though the claimant in the instant case was a minor girl aged around 5 years, but the nature of injury which the claimant had suffered was too grievous and that the compensation awarded is too meagre an amount as compared to the injuries sustained by the claimant. He further submits that, the claimant in the instant case by virtue of the accident has become totally bedridden and that she was not able to perform her daily courses also without the assistance of her family members. He further submits that by virtue of the accident and the injuries sustained, the claimant has suffered from paraparesis which has lead to the claimant being totally bedridden. He further submits that, even today after about more than 10 years from the date of accident, the claimant is bedridden and still under treatment and the parents of the injured are facing great difficulties in meeting the medical expenses which the claimant was still being provided with. The claimant has produced a series of bills and documents by way of an application under order 41 Rule 27 to show that, the treatment is still going on. He further submits that, the doctor was also examined who had discussed the nature of injuries and its gravity and the difficulties which the claimant has been facing after the accident as is discussed in paragraph 24 of the judgment. He further submits that, the doctor himself had assessed the physical disability of more than 75% and thus prayed for the compensation to be suitably enhanced.