SUNDERBAI Vs. RUSTAM

JUDGEMENT

(1.) APPELLANT is a married woman, labourer by profession. On 16.1.1999, she was travelling in tempo M.P. No. 14-G-0039. Appellant was thrown out of the tempo due to negligent and rash driving by the Tempo driver. The Tribunal had held the tempo driver guilty of negligence. It held the Tempo owner and Insurance Company as well liable to pay compensation. On these points there has been no controversy between parties in this appeal.

(2.) DISPUTE is confined to the quantum of compensation only. As per M.L.C. Report, Ex. P-8, appellant had suffered a lacerated wound on his right cheeck bleeding from teeth, defused swelling with irregularity in left arm, lacerated wound on fore arm and multiple abrasion on right fore arm. As per Ex. P-9 she had a fracture of shoulder and mids halt of left humerus. However, on right and left jaw, no bony injury was seen. Vide X-ray report Ex. P-10, transverse comminuted fracture shaft of humerus mid 1/3 with wide separation of fracture ends was noteable. In support, X-ray Plate-ExP-11 had also been there. Sundarbai (AW 1) had deposed that she had suffered grievous injury on her left hand. The Tribunal had also observed that her left arm had separated below her shoulder. An injury was apparently there on the other hand also. She had submitted bills and vouchers for purchase of medicines Ex. P-15 to Ex. P-22 totalling to only Rs. 1,250/-. As per discharge ticket of district hospital, Mandsaur. appellant had remained admitted between 16.1.1999 to 24.1.1999, i.e. for 9 days.

(3.) THE Tribunal below has awarded only Rs. 1,250/- as cost of medicine, Rs. 2,700/- for loss of earning, Rs. 5,000/- for mental and physical pain and suffering Rs. 1,000/- for special diet, totalling to Rs. 9,950/- which in my considered opinion, in the facts and circumstances of the case, has been on the lower side.