SHRADDHA Vs. BADRESH

JUDGEMENT

(1.) Being aggrieved by the inadequacy of the amount awarded vide award dated 18.12.2002 passed by learned M.A.C.T., District Jhabua (M.P.) in Claim Case No. 127 of 1997 whereby a sum of Rs. 1,50,000 has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed.

(2.) Learned counsel for the appellant submits that appellant was aged 24 years at the time of accident and was literate lady running Fine Art classes. It is submitted that at the time of accident appellant was pregnant, as she was carrying a male baby of 7 months. It is submitted that on account of accident which took place on 3.7.1997, appellant delivered a dead male baby by operation. It is submitted that the amount of Rs. 1,50,000 has been awarded out of which Rs. 70,000 is for medical expenses and Rs. 80,000 is on account of other heads which is on lower side. Learned counsel submits that permanent disability was assessed as 15 per cent for which the medical evidence has been produced and doctor has been examined. Appellant was admitted in hospital for a period of 45 days, it is also submitted that no amount has been awarded on account of permanent disability which was assessed by learned Tribunal as 15 per cent. Similarly, no amount has been awarded on account of death of first male baby.

(3.) Learned counsel for the appellant submits that because of death of a male baby the appellant suffered mental shock, apart from physical pain and suffering and will also suffer on that account in her future life. It is submitted that it was the first pregnancy of the appellant and thereafter, appellant has delivered a female baby in February 2004, i.e., after a period of 7 years.