SEETHA @ SEETHAMMAL Vs. N.VENKATESAN

JUDGEMENT

(1.) This appeal is filed for enhancement of compensation, being not satisfied with the quantum of compensation awarded by the Tribunal.

(2.) It is the case wherein on 12.06.2012, while the claimant was going to purchase fruits from the wholesale market, the driver of the Tata Ace Van bearing Reg.No.TN 22 AX 2457 rash and negligently dashed against the claimant/appellant and caused bodily injury. In the said accident, she sustained fracture over left femur, fracture pelvis, dislocation over hip besides lacerated injury all over the body. She was admitted in the Government Hospital and later shifted to Parvathy Hospital. She has taken treatment as inpatient from 12.06.2012 to 14.07.2012. For the treatment of the injury sustained she incurred medical expenses for Rs.4,35,000/-. Contending that the injury sustained by the claimant is a partial permanent disability and for loss of income, a claim petition for Rs.20,00,000/- was filed. The Insurance Company has filed a counter contesting the claim is excessive and also not maintainable against the insurance company since the claimant has contributed to the accident. The Tribunal on considering the evidence placed before it has awarded a sum of Rs.8,66,000/- as compensation.

(3.) In this appeal, the claimant seeks for enhancement of compensation on the ground that she was admitted in the hospital and treated as in-patient for 30 days and three surgeries were conducted for which she has spent about Rs.4,35,000/-. The injury has caused 100% functional disability. Being a fruit and flower vendor the disability has taken away her earning capacity totally. The Tribunal ought to have taken note of the functional disability as 100% instead of 50%. Further, in the appeal, it is contended that the award of compensation for pain and suffering, loss of income during the treatment period has been assessed very less and no compensation is awarded for loss of amenity.