SAYEEDABI Vs. SK AMIR SK MUNNU

JUDGEMENT

(1.) Heard Mr.C.A.Joshi, learned Counsel for the Appellant and Mr.R.R.Raipure, learned Counsel for the Respondents.

(2.) Validity and legality of the Judgment and Order dt.20.10.2004 passed in Motor Accident Claims Petition No.258 of 2002 by the learned Member, Motor Accident Claims Tribunal, Akola is under challenge. The Tribunal was pleased to partly allow the Claim Application and awarded a sum of Rs.2,88,850/ only including no fault liability as compensation for the injuries suffered by the claimant together with interest @ 9 % p.a. from the date of filing of the petition till realisation of the entire amount.

(3.) According to the learned Counsel for the claimant, it is on record that she was earning Rs.1,500/ p.m. After deduction of expenses as a labourer (Mukadam) and considering that her age was 30 years as on the date of accident, compensation granted in the sum of Rs.2,88,830/ only is inadequate and unjust. According to the learned Counsel, for disability sustained, compensation in the sum of Rs.3,06,000/ ought to have been granted as fee of Dr.Raheman Khan was paid by the claimant in the sum of Rs.9,650/, while she had to incur medical expenses in the sum of Rs.50,000/ and she also suffered humiliation, pain, suffering due to accident and that she should get nonpecuniary damages calculated at the sum of Rs.30,000/ including special diet required. Thus, according to the learned Counsel for the appellant, sum of Rs.3,95,650/ ought to have been granted as just and proper compensation particularly when claim in the sum of Rs.4,00,000/ was made before the Tribunal. Thus, balance sum of Rs.1,06,820/ ought to be awarded as submitted before this Court.