AMBIKA DEVI Vs. KAMLESH

JUDGEMENT

(1.) APPELLANT -- Smt. Ambika Devi, a house wife, aged about 60 years had met with a road accident on 6.3.2002, while she was walking on foot and crossing the road to reach Annapurna Temple. She was hit by a Scooter bearing registration No. MP-09-JM-1259 driven by respondent No. 2, owned by respondent No. 1 and insured with respondent No. 3. The aforesaid facts are not in dispute. It is also not in dispute that in the said accident supercondyloma and intercondyloma femur bone of right leg of this appellant was fractured and she was operated upon in Unique Hospital, Indore. She was confined in hospital for about one month and her permanent disability has been assessed at 19% by PW 3 Dr. Sunil Jakar, an Orthopedic Surgeon. For the aforesaid injury sustained by her, 12th Additional Member, Motor Accident Claims Tribunal, Indore vide his award, dated 14.5.2004, passed in Claim Case No. 25 of 2003 awarded a sum of Rs. 80,000/-. The appeal has been preferred for enhancement.

(2.) THE permanent disability certificate issued by doctor (Annexure P-228), it has been categorically mentioned that the appellant's permanent disability is to the tune of 19% and that she was operated upon for the fracture as mentioned hereinabove. This fact has also been fully established from the evidence of appellant herself. The appellant, looking to the age has taken longer time in recovery, as she was also a diabetic. Record further shows that appellant spent about Rs. 95,000/- on her treatment alone and on the medicines, which were prescribed to her during the period she was taking her treatment. As against this she has been awarded only Rs. 75,000/- and remaining Rs. 5,000/- has been awarded towards pain and sufferings.

(3.) LOOKING to the age of the appellant, the nature of injury sustained by her, the treatment taken after the accident and permanent disability, we are of the opinion that in all a sum of Rs. 2,00,000/- would be just and proper amount to be awarded to the appellant. Thus, appeal stands allowed to the extent mentioned hereinabove. The impugned award stands . modified inasmuch as the appellant would be entitled to receive from respondent jointly and severally Rs. 2,00,000/- in lump sum. Difference amount of award would carry interest at the rate of 6% p.a. from the date of the application till it is actually paid. Respondents to bear the cost of litigation throughout. Counsel fee Rs. 1,000/-, if certified.