ANITA JAIN Vs. RAMVEER SINGH & OTHERS

JUDGEMENT

(1.) The instant appeal has been preferred by claimant/appellant against an Award dated 20th January 2004 in Claim Case No. No.59/2002 passed by Sixth Additional Member of the Motor Accidents Claims Tribunal, Gwalior (M.P.), which is for seeking enhancement of the amount of compensation alongwith interest @ 9% and cost of the case.

(2.) The facts, in short, for decision of this appeal are that on 24th June 2002, the claimant Smt. Anita Jain with her daughter Anamika was going in an Auto-rickshaw bearing registration No. MP07-T/0624 from Gole Ka Mandir to Central School Maharajpura where she was working as a teacher. It is said that the said Autorickshaw was being driven by the driver very cautiously. On the other hand, the driver of the dumper of red coloured having registration No. MP20G 3927 was driving it in a rash and negligent manner which hit the Auto-rickshaw going by the side of the road and caused accident. After accident, the auto-rickshaw turned turtle as a consequence of which, the claimant and her daughter received severe injuries. During treatment, her daughter succumbed to injuries in Kalyan Memorial Hospital Morar, Gwalior whereas her mother/claimant Smt. Anita Jain remained admitted in the hospital for a long time under surgical and medical treatment for compound fracture sustained in ulna and radius bone of right hand. On the report, the FIR of the accident was lodged and after investigation, the charge-sheet was submitted against the driver of the offending dumper before the Criminal Court. By filing claim petition, the petitioner Smt. Anita Jain claimed compensation in the sum of Rs. 9,07,000/- for injuries caused to herself. The learned tribunal after trial awarded Rs. 95,000/- to the claimant/petitioner for the injuries with interest @ 9% and cost of the case. Having been dissatisfied with the amount of compensation, the appellant has knocked the door of this court.

(3.) Learned counsel appearing on behalf of the appellant contended that the award passed under appeal is against the evidence as adduced by the parties and the law applicable to the present case. It is submitted that the learned tribunal did not consider the case of injured/claimant in proper perspective and failed to appreciate that the permanent disability has been caused to the injured on account of compound fracture in her right hand. Hence, the amount awarded being on lower side, it is submitted that after considering the all heads relevant for determining the fair award, appropriate compensation may be granted to the injured. Accordingly, it is prayed that the award amount may be enhanced with Rs. 4,50,000/- in addition to the award of Rs. 95,000/- granted by the learned tribunal.