NATIONAL INSURANCE CO. LTD Vs. SARITA

JUDGEMENT

(1.) THIS Appeal is directed against a judgment dated 05.09.2006 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a Rs.2,02,000/- was awarded in favour of the First compensation of Respondent for having suffered injuries in a motor vehicle accident which occurred on 09.10.2005.

(2.) SINCE the finding on negligence is not challenged by the Appellant Insurance Company; the same has attained finality.

(3.) IMMEDIATELY after the accident, the Appellant was removed to Jaipur Golden Hospital. She was found to have suffered injuries on her face, that is, on forehead, right upper eyelid, outer zenthum right eye, right cheek, nose and lower lip area. She was admitted in the Hospital from 09.10.2004 to 13.10.2004 where debridement was done under local anesthesia. The First Respondent was again admitted in the hospital where elliptical linear excisions for scars forehead and right upper eyelid, right cheek, nose and lower lip was done under the local anesthesia. The First Respondent was to undergo a second surgery for further removal of scars as stated by Dr. Ashok Tandon(PW6), Plastic Surgeon from Jaipur Golden Hospital. The Claims Tribunal awarded a compensation of Rs.2,02,000/-, which is