BIMLA TAING Vs. CHARANJEET SINGH AND ORS.

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 1,50,000/ - has been awarded to the appellant. The appellant seeks enhancement of the award amount.

(2.) THE accident dated 16th July, 2004 resulted in the grievous injuries to the appellant. The appellant was travelling in bus bearing No. DL -1P -A -0277 while going to her office. The appellant was in the process of alighting from the bus when the driver suddenly moved the bus at a very high speed due to which the appellant fell down on the road and left rear wheel of the bus run over the left hand of the appellant. The appellant was admitted to the hospital and was discharged on 27th July, 2004. The appellant suffered degloving injury of left arm and left elbow, fracture of left 3rd Metatarsal and fracture of left scapula. The appellant was treated with skin grafting of upper limb at Max Hospital. The appellant incurred expenditure of Rs. 1,48,039.63 against which she got reimbursement of Rs. 93,735/ - from her employer and the remaining bill amount was rejected being in excess of the permissible limit of the appellant. This is duly proved by the statement of PW -5 from State Bank of India who deposed that the appellant submitted total bill of Rs. 1,48,039.63 out of which Rs. 93,735/ - was reimbursed and the remaining claim was rejected being in excess of the permissible limit. The appellant remained on leave for two months and nine days. The permanent disability of the appellant was assessed as 25% in respect of the upper limb.

(3.) THE learned Counsel for the appellant seeks enhancement of the award amount on the ground that no compensation has been awarded towards the permanent disability. The learned Counsel further submits that the compensation for medical expenses be enhanced from Rs. 10,000/ - to Rs. 54,304.63. The learned Counsel further seeks enhancement on the ground that the appellant remained on leave for two months and nine days and she hired an attendant at the salary of Rs. 1,800/ - per month and less amount has been awarded by the learned Tribunal towards the cost of the attendant. The learned Counsel for the appellant also seeks enhancement of the rate of interest from 6% per annum to 9% per annum.