LAWS(MPH)-2005-11-59

REENA Vs. MOHD RAFEEQ

Decided On November 10, 2005
REENA Appellant
V/S
MOHD. RAFEEQ Respondents

JUDGEMENT

(1.) Being aggrieved by the inadequacy of the amount awarded vide award dated 9.2.1998 passed by the Third M.A.C.T., Dewas in Claim Case No. 167 of 1997, whereby a sum of Rs. 51,000 has been awarded along with interest at the rate of 12 per cent per annum, the present appeal has been filed.

(2.) Learned counsel for the appellant submits that in the accident appellant who was aged seven years at the time of accident sustained injuries in her hand. It is submitted that right hand of the appellant was crushed. Appellant was hospitalised from 18.8.1994 to 27.9.1994. Break-up of amount awarded is as under: Towards medical expenses Rs. 5,000 Towards expenditure incurred on attenders Rs. 5,000 Towards future expectations of life Rs. 5,000 Towards future loss of income Rs. 36,000

(3.) It is submitted that amount awarded is at lower side. From the medical evidence it is proved that appellant has sustained permanent disability of 48 per cent for which the medical certificate of Dr. Das is on record. It is submitted that appellant, who is a girl has lost her future prospects of marriage. It is also submitted that appellant is studying in class X and appellant would not be able to write with her right hand.