MEERA BAI KOSHTA Vs. AMBIKA PATEL

JUDGEMENT

(1.) Appellant/claimant has filed this appeal challenging liability to pay compensation amount and also quantum of compensation for the injuries sustained by her under section 173 of the Motor Vehicles Act against the award dated 7.9.2012 passed by learned VIII Additional Motor Accident Claims Tribunal, Jabalpur in MVC No. 277/11.

(2.) Learned counsel for the appellant has submitted that the appellant/ claimant has been awarded an amount of Rs.span 37,614.00 as compensation for the injuries sustained by her in the accident resulting in deformity of left hand, due to which, she has become incapable of making Papad.

(3.) Learned counsel for the appellant has submitted that the income of the appellant should have been considered more than Rs.span 150.00 per day considering minimum wages for the work. But on perusal of evidence of appellant/claimant Smt. Meera Koshtha (PW-1) it is clear that she herself has stated that she was earning Rs.span100.00 per day by making Papad for the company. Therefore, there is no evidence of permanent disability resulting in incapacity to work. On the other hand, the claimant in her cross-examination has admitted that now, she is fully healthy. Therefore, the Tribunal is justified in assessing loss of income due to the injuries sustained by her which includes expenses of medicines and compensation of grievous injuries sustained by her. No specific amount for pain and suffering was needed to be awarded looking to the nature of the injuries, overall compensation of Rs.span 15,000.00 is sufficient to meet the requirement of law relating to compensation.