KADEEJA Vs. MUHAMMADALI

JUDGEMENT

(1.) The injured was in appeal, who subsequently died of old age. The legal heirs have now been impleaded as the appellants. The injured claimed enhanced compensation for the injury suffered in a road traffic accident.

(2.) The injured was a pedestrian, who was hit by a motor cycle. The injured suffered serious injuries and was taken to the hospital, wherein she was confined for 43 days as an inpatient. The wounds, as seen from the award, are the following: "There was bleeding from the nose and also haematoma on the posterior aspect of scalp with laceration. There was a deep lacerated wound 2cm on the left leg middle third with the disability of bone ends. There were abrasions on the right knee, right hand, left cheek and on the left foot. ... It is seen that the petitioner sustained comminuted compound fracture both bones on the left and large lacerated wounds at the fracture site ...".

(3.) The learned Counsel for the appellants first contended that the notional income was taken at a meagre sum, at Rs.2,500/- per month. The injured asserted to be a Home Nurse, which employment would have generated more than the income that was adopted by the Tribunal. However, there was no evidence led to prove that the injured was working at all. The injured was also aged 60 years at the time of accident. In such circumstances, this Court finds that the income adopted by the Tribunal is more than adequate. The Tribunal also awarded compensation for loss of earning at Rs.7,500/-, which is adequate.