UMA MAGESWARI Vs. PRABAKAR AND OTHERS

JUDGEMENT

(1.) The claimant is the appellant. She moved the Motor Accident Claims Tribunal, Vellore in M.A.C.T.O.P.No. 70 of 2007 claiming a compensation in a sum of Rs.5,00,000/- for the grievous injury sustained by her in the accident that took place on 17.5.2007. The Tribunal awarded a sum of Rs.1,25,500/-, which is under challenge in this appeal seeking enhancement of the compensation.

(2.) Both sides did not dispute the liability and they restricted their arguments only with regard to the quantum awarded.

(3.) Learned counsel appearing for the appellant would submit that even though the appellant/claimant has suffered multiple injuries and the Doctor PW3 has given the medical certificate assessing the permanent disability at 45%, the Court below has fixed the permanent disability at 40% and awarded only a sum of Rs.40,000/- (Rs.1000x40) towards the same, which is very low. The learned counsel would further submit that though the appellant/claimant sustained open fracture both bones in her right forearm, fracture shaft of right femur, fracture medical condyle right femur and fracture both bones in right leg, the Court below has awarded meagre sum of Rs.10,000/- towards pain and suffering and Rs.2,500/- towards extra nourishment. The learned counsel for the appellant / claimant would also submit that the appellant has taken treatment even after being discharged from the hospital for several days but the court below has awarded meagre sum towards transportation and medical expenses. The learned counsel would also submit that the appellant due to the serious injuries sustained in the accident could not pursue his normal activities and cannot do any work for his livelihood. Though the claimant had claimed a sum of Rs.5,00,000/- as compensation, the Tribunal has awarded only a sum of Rs.1,25,500/-. Accordingly, she would pray for enhancement of the same.