SHARAD GUNO NAIK D/O PURSHOTTAM NAIK W/O GUNO NAIK Vs. DIWAKAR NARAYAN GAUNS DESSAI AND NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Dissatisfied with the award dated 5/06/2004 of the learned MACT, Margao, awarding compensation of 61,350/-with interest at the rate of 9%, the claimant has filed the present appeal.

(2.) Facts absolutely necessary to dispose of this appeal are that the claimant met with an accident on 21/01/2001 at about 18.15 hrs. involving the vehicle driven and owned by Respondent No. 1 and insured with Respondent No. 2. In the said accident, the claimant suffered fractures of right fibula and left femur on account of which the claimant was admitted in Goa Medical College on 21/01/2001 and discharged on 28/02/2001 and again from 3/05/2001 to 13/05/2001 and in between the claimant attended OPD at Goa Medical College on about ten occasions and ultimately she was found to have suffered permanent disability of 15% of the left lower limb and 8% of the right lower limb. AW6/ Dr. Baretto who was examined by the claimant had opined that the overall treatment including physiotherapy would have taken up to one year or above (to recover completely). AW6/Dr. Baretto had further opined that the claimant could have done her normal duty after November, 2001 as the fractures had united.

(3.) The learned MACT awarded to the claimant compensation as follows: 1 Towards loss of income 15,000/- 2 For her Permanent Disability 44,850/- 3 Medical Expenses 10,000/- 4 Pain and sufferings 10,000/- 5 Transport Expenses 06,500/- TOTAL 86,350/-