MAHERAJABI Vs. LATIF KHAN

JUDGEMENT

(1.) THIS appeal is filed by the appellant under Section 173 of the Motor Vehicles Act against an award dated 24th January, 2005 passed by learned Member, IIMACT, (Fast Track), Kannod in Claim Case No. 72/2004. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 40,000/ - with interest @ 6% per annum from the date of filing of the written statement for the injuries sustained, arising out of the accident occurred on 22nd April, 2002.

(2.) APPELLANT had preferred a claim petition under Section 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 2,00,000/ -.

(3.) SHRI Neema, learned Counsel appearing on behalf of the appellant contends that the injured was a labourer and sitting on a tractor loaded with boulders to get it unloaded to a crusher where it turned turtle and in the said accident injured has received injuries i.e., fracture of acetabulum, iliac bone and sternum 9th and 10th ribs. In view of the aforesaid and as per percentage of the disability it is said that the compensation as allowed by the Tribunal is inadequate. It is also argued that looking to the disability, compensation ought to have been awarded as per Second Schedule of the Motor Vehicles Act, 1988 . It is also contended that earning of the injured ought to have been assessed at Rs. 100/ - per day she being a labourer. Accordingly the compensation may be calculated. In other heads, like transportation, special diet, attendant and loss of wages during treatment compensation has not been awarded, however, some amount may be awarded in those heads.