DR.PRAFULLA Vs. SAJEEBAI BALAKRISHNAN

JUDGEMENT

(1.) CMA No.2446 of 2021 is filed by the claimant seeking enhancement of compensation awarded in MCOP No.10 of 2016 dtd. 23/4/2021 by the Motor Accident Claims Tribunal, Subordinate Judge, Mahe. CMA No.165 of 2022 is filed by the Insurance Company assailing the award passed in the same MCOP. Since both the appeals arise out of the same award passed dtd. 23/4/2021, both are heard together and disposed of by this common Judgment.

(2.) For the purpose of clarity, the parties are referred to as per their rank before the Tribunal.

(3.) The facts of the case in nutshell:- This is the case of injury. On 15/6/2015, at about 03.45 p.m, the claimant was travelling in a car bearing Reg.No.KL-11-AH-6060 owned by the first respondent. The said car was driven by the second respondent in a rash and negligent manner and the car struck on the centre median of the road and rolled itself and went to the left side in an upside down position. In the impact, the claimant sustained grievous injuries. Immediately, she was taken to the Jawaharlal Institute of Post Graduate Medical Education & Research, Puducherry and thereafter, she was taken to the MIOT Hospital, Chennai. Thereafter, she was taken to Kuwait, where she took treatment for a period of three months. The claimant spent more than Rs.20,00,000.00 towards medical expenses. At the time of accident, she was working as a 'Doctor' in Govt. General Hospital, Mahe and thereby, she was earning Rs.40,000.00 per month. Simultaneously, she was working in Co-operative Hospital, Vatakara on leave vacancy and was earning additional salary of Rs.30,000.00 per month. Due to the accident, she is fully disabled and presently unable to carry on her duties. Hence, she laid a claim petition before the Tribunal claiming compensation of Rs.3,00,00,000.00.