NEW INDIA ASSURANCE COMPANY LTD Vs. KALAWATI

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs.15,10,049/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the First Respondent for having suffered injuries in a motor vehicle accident resulting into grievous injuries on her person including permanent disability to the extent of 60% in relation to her right lower limb on account of amputation of right leg below knee. This accident occurred on 12.03.2007.

(2.) THE finding on negligence reached by the Claims Tribunal is not disputed by the Appellant, the driver and owner of the vehicle. Thus, the same has become final between the parties.

(3.) IMMEDIATELY after the accident, the first Respondent was removed to Sanjay Gandhi Memorial (SGM) Hospital where she remained admitted from 12.03.2007 to 21.03.2007. She was shifted to Maharaja Agarsen Hospital on 21.03.2007 where she remained admitted upto 14.04.2007. The First Respondent had suffered compound fracture of femur and injury on right foot and left leg. She was treated conservatively in SGM Hospital and external fixation of right thigh was provided. There was also fracture of right superior and inferior pubic rami and fracture of left inferior public rami. The right leg of the first Respondent could not be saved which was amputated in Maharaja Agarsen Hospital. The First Respondent was again admitted in Maharaja Agarsen Hospital from 23.07.2007 to 04.08.2007. It is, therefore, apparent that apart from amputation of right leg below knee, there were other serious injuries and fractures suffered by the First Respondent. The compensation awarded by the Claims Tribunal under different heads is tabulated hereunder:-