KIRAN Vs. VENU GOPAL

JUDGEMENT

(1.) This appeal is filed by the appellant under Section 173 of the Motor Vehicles Act against an award dated 1/10/2007 passed by learned M.A.C.T., Indore in claim case No. 155/2007. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 1,27,000 with interest @ 6% per annum for the injuries sustained, arising out of the accident occurred on 23 rd February, 2004.

(2.) Appellant had preferred a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 17,25,000. She had received injuries i.e., fracture of left femur, subtrochanteric fracture and fracture of shaft right femur and crush in abdomen.

(3.) The Tribunal has awarded the total sum of Rs. 1,27,000. The certificate of permanent disablement (Ext. P-32) is available on record. The Tribunal found it, a case of permanent disability to the extent of 45% due to fracture of femur bone left leg and shaft of femur in right leg. However, Rs. 60,000 in the head of future loss of earning and pain and suffering has been awarded while Rs. 50,000 towards medical bills and Rs. 17,000 in the head of conveyance, attendant special diet has been allowed making it total compensation of Rs. 1,27,000. Mr. Jaiswal, learned Counsel for the appellant submits that it is a case in which hale and healthy girl aged 19 years had suffered with a fracture of right leg as well as left leg having disablement to the extent of 45% which resulted into loss of future earning as well as marriage prospects in life. Certain photographs showing the marks over the body on account of those injuries have been produced. It is contended that the Tribunal has not awarded the compensation on the head of pain and suffering in addition to the compensation of future loss of earning, more so, looking to the shortening she may suffer marriage prospects and cannot live her life healthy and with amenities, therefore, some amount ought to have been granted in those heads. It is also stated that in loss of wages during treatment no amount has been allowed. Though there was a long hospitalization in various hospitals, therefore, some amount may be allowed in said head. In view of the said it is urged that the appeal filed by the appellant may be allowed directing enhancement of the compensation.