NEW INDIA ASSURANCE CO. LTD Vs. JESU MARI

JUDGEMENT

(1.) THIS present appeal has been filed against the order dated 7.10.1998 in M.A.C.T.O.P. No. 38 of 1998 on the file of the Motor Accident Claims Tribunal, Pondicherry at Karaikal, by the appellant/claimant seeking enhancement of compensation awarded by the Tribunal.

(2.) THE case of the appellant/claimant is that by the rash and negligent act of the driver of the scooter bearing Registration No. TN-50/2094, the appellant/ claimant fell down, while she was walking and sustained multiple injuries. She was treated in the General Hospital, Karaikal. Case was registered in Crime No. 6 of 1998 under Sections 279 and 338, I.P.C. by the Traffic Police, Karaikal. The further case of the appellant/claimant is that she is a hawker earning a sum of Rs. 50 to Rs. 60 per day. A sum of Rs. 2,00,000 is claimed as compensation.

(3.) AS regards the point No. 2, the Tribunal relied on Ex. A-9 disability certificate whereunder the claimant had suffered permanent disability to the extent of 38.4%. Besides, it is also to be noted that the claimant had sustained fracture of both bones of left leg with 50% loss of left hip flexion and 30% loss of left knee flexion and, therefore, it was found that squatting was difficult and in addition to this, the claimant also suffered 1 1/2 inches shortening of left lower limb. Therefore, it was concluded that the claimant had suffered permanent disability to the extent of 38.4%. However, while granting compensation, the Tribunal has taken into consideration that for any permanent disability, the minimum amount provided is Rs. 25,000 and, therefore, the Tribunal awarded a sum of Rs. 30,000 as total compensation. No amount was granted under any other head. Not satisfied with the quantum of compensation, the claimant has preferred this appeal.