POOJA Vs. INDORE MUNICIPAL CORPORATION

JUDGEMENT

(1.) This appeal is filed by the appellants under section 173 of the Motor Vehicles Act against an award dated 29/1/2009 passed by learned XIII Member MACT, Indore in claim case No. 342/2003. By the impugned award the Claims Tribunal has awarded a total sum of Rs. 18,000.00 with interest to the appellant by way of compensation for the injuries sustained in the accident occurred on 6.6.2003.

(2.) Appellant has preferred a claim petition under section 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 4,00,000.00. According to the appellant compensation awarded by the Tribunal is meager and deserves enhancement, however, by filing the appeal inadequacy of the compensation has been assailed.

(3.) On the other hand Shri V.P. Khare, counsel appearing for the respondents No. 3/Insurance Company has strenuously urged by referring the CT-Scan report, wherein no bony injury was found and which has been duly considered by the Tribunal that finding of grievous injury as recorded by the Tribunal is just and proper and no amount of compensation in the head of permanent disablement can be awarded. In view of the said it is urged that the appeal filed by the appellant may be ordered to be dismissed.