RUKHMINIBAI Vs. VIVEK KESHAVRAO VYAWHARE

JUDGEMENT

(1.) The appellants i.e. the original claimant, has filed this appeal challenging the judgment and award dated 2. 07.2004 passed by the learned Chairman, Motor Accident Claims Tribunal, Nanded (hereinafter referred to as "the learned Tribunal ") in Motor Accident Claim Petition No. 590/2000, only on the ground of quantum of compensation. The learned Tribunal has granted compensation of Rs.1,01,582.00 from the present respondents in accordance with their proportionate negligence in the accident, alongwith interest at the rate of Rs.9.00 % per annum from the date of filing of the petition till it 's realization. It appears that the learned Tribunal has granted interest at the aforesaid rate from respondent Nos.3 and 4 from the date of their joining as party respondents in the claim petition. It appears that respondent Nos.2 and 4, who are the respective Insurance Company of the offending vehicles tempo and jeep involved in the accident, have satisfied the award by depositing proportionate amounts as directed by the learned Tribunal.

(2.) Heard rival submissions and also perused the impugned judgment alongwith the record and proceeding in M.A.C.P No. 590/2000.

(3.) According to the learned Counsel for the appellant, the learned Tribunal, without appreciating the evidence on record in proper perspective, granted meager amount of compensation by ignoring that the appellant had suffered from permanent disability to the extent of 50%, since she lost her right hand due to accidental injury. He further submits that her notional income was also considered towards lower side i.e. only Rs.2000.00 per month for assessing the future loss of income. Further, it is contended by learned Counsel for the appellant that the learned Tribunal granted lump-sum amount of Rs.50,000.00 towards future loss of income by holding that the appellant, despite amputation of her right hand, was able to do the business of grocery shop.