POONAM Vs. CHANDRABHAN SINGH

JUDGEMENT

(1.) Assailing the award dated 17.9.2010 passed by the Motor Accidents Claims Tribunal, Anuppur in Claim Case No. 22 of 2009 on the point of inadequacy of compensation, the injured appellant has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 for an accident which took place on 26,11.2007 in which she sustained injuries in her left hand, head and right cheek.

(2.) The appellant had filed the claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs. 17,50,000 for the injuries sustained by her. The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs. 1,85,000. The certificate of permanent disability, Exh. 12, is available on record. The Tribunal believing the certificate of permanent disability, Exh, PI2 recorded a finding as regard to the permanent disability to the extent of 70 per cent but directed to pay the compensation in lump sum.

(3.) As the incident occurred, negligence of driver in driving the offending vehicle, the issues of liability jointly and severally to pay compensation have been decided recording the findings in favour assailed at the instance of the respondents, i.e., owner, driver or the insurance company by filing cross-appeal or cross-objection, however it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the inadequacy of the compensation which has been assailed, however the arguments in detail have been considered in succeeding paras.