BIMLA Vs. GOPAL AND ORS.

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 8,21,606/ - has been awarded to the appellant. The appellant seeks enhancement of the award amount.

(2.) THE accident dated 18th October, 2003 resulted in grievous injuries to the appellant. The appellant was sitting on the pillion of motor cycle No. DL -4S -AG -5822 being driven by her husband on Outer Ring Road near Jaipur Golden Hospital red light when the motor cycle was hit by Tata Tempo bearing No. DL -1L -E -2847, due to which the appellant and her husband fell down on the road. The appellant suffered following injuries:

(3.) THE appellant was 33 years old at the time of the accident and was working as a Nurse in a private hospital and was earning Rs. 4,000/ - per month. The Claims Tribunal deducted 1/3rd towards her personal expenses and applied the multiplier of 17 to compute the compensation for loss of earning capacity as Rs. 5,44,000/ -. The Claims Tribunal awarded Rs. 94,606/ - towards medical expenditure, Rs. 50,000/ - towards loss of amenities of life, Rs. 70,000/ -towards pain and suffering, Rs. 12,000/ - towards special diet, Rs. 15,000/ - towards fractured left leg tibia, Rs. 12,000/ - for attendant and Rs. 24,000/ - towards loss of income. The total compensation awarded is Rs. 8,21,606/ -.