SUNANDA ALIAS URMILA U. KALANGUTKAR WIFE OF UMESH KALANGUTKAR Vs. SURENDRA RAMDAS NAIK NACHINOLKAR MAJOR, R/O THORLEM BHAT

JUDGEMENT

(1.) Present appeal is filed by the appellant being aggrieved by the Judgment and Award in Claim Petition No.106 of 1997 dated 16/10/2012. The appeal is filed for enhancement of compensation.

(2.) The petitioner claim before the Claim Tribunal was as under : That on 28/04/1997, the petitioner was the pillion rider on the scooter bearing No.GA-01-H-0969 and the same was driven by her brother Anand Naik. While they were climbing the slope at Kundaim a truck bearing No.GA-01-T3378 came from the opposite direction and in the process of overtaking another truck dashed against the said truck then dashed against the fiat car and thereafter against the scooter driver i.e. to her brother. The said accident was caused solely due to rash and negligent driving by respondent No.2 i.e. driver of truck. The claimant sustained grievous injuries which have resulted in permanent disability which also affected her earning accordingly she claimed compensation of Rs. 5,64,648/-.

(3.) The learned Tribunal after considering the evidence on record awarded amount of Rs. 20,000/- and interest @ 9% p.a. from the date of the Award. The appeal is filed on the ground that the learned Tribunal failed to appreciate 40% permanent disability supported by medical evidence. It also failed to appreciate that due to injuries she would not be able to sit on the floor, squat and run and the disability would affect the day to day activities of the appellant. Amount of compensation is too low and meagre. The learned Tribunal erred in granting compensation towards future loss of income. It also erred in not awarding interest from the date of filing of petition.