PUNIYA BAI Vs. DEEPAK MEENA

JUDGEMENT

(1.) THIS appeal has been filed by the claimant seeking enhancement of compensation so awarded by the 12th additional Member, Motor Accident Claims Tribunal, Bhopal vide award dated 31/10/2009 passed in Claim Case No.1136/2008.

(2.) ON 14/1/2008 at about 5.30 p.m. when the injured was coming back along grant -daughter from a temple, tractor No.M.P.04 -M -9283 Mahendra D.I.B. -275 driven rashly and negligently by the driver dashed her thereby her back and femur bones were fractured to which she has received permanent disability as appears from the certificate of permanent disability Ex.P/14 due to shortening of leg by 5 cm on account of injuries received to her. The Tribunal found the accident by use of motor vehicle and also recorded a finding of permanent disability in favour of the appellant, however, awarded L25,000/ - for permanent disability, L37,400/ - for medical expenses and for transportation, conveyance, mental pain and suffering L40,000/ - making the total total compensation of L1,02,400/ -.

(3.) LEARNED counsel for the appellant contends that looking to the permanent disability i.e. to the extent of 40%, compensation so awarded by the Claims Tribunal is inadequate which may be reasonably enhanced. It is further contended that the Claims Tribunal has committed an error in not applying the multiplier method and merely directed to pay compensation in the head of permanent disability to the extent of statutory amount of L25,000/ -, therefore, applying the multiplier method, appropriate amount of compensation may be awarded.