RAJ RANI Vs. SURESH KUMAR GUJAR & ORS

JUDGEMENT

(1.) The appellant was the claimant before the motor accident claims tribunal in accident claim case (MACT No.633/2008) instituted by her on 28.07.2008, which after inquiry was decided by the tribunal, by judgment dated 30.04.2008, holding that she had suffered injuries in the motor vehicular accident that had occurred on 28.03.2008 due to negligent driving of motor vehicle described as bus, bearing registration No.RJ-14-PA-1733, admittedly insured against third party risk for the period in question with the third respondent (insurer). It was proved before the tribunal that the injuries suffered were in the nature of amputation of second and third toe of the left foot. The disability certificate (page 157 of the tribunal's record) indicated the medical opinion that the physical impairment is to the extent of nine per cent (9%). The tribunal, however, declined to grant any award under this head for the reason there was no proof that the claimant was working for gain. It awarded total compensation in the sum of Rs.95,000/-, calculating it thus:- <FRM>JUDGEMENT_128_LAWS(DLH)12_2017_1.html</FRM>

(2.) The Tribunal directed the insurer to pay with interest though also granting it recovery rights against the driver and owner of the offending vehicle.

(3.) The appeal was filed with the grievance that the award is inadequate as the functional disability has not been assessed or covered by compensation.